Imperfect Alternatives

Description

Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element - institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them - the market, the political process, or the adjudicative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making. A milestone critique of law and public policy analysis, this book will be important reading for legal scholars, policy analysts, and social scientists.

First Sentence

Most of us live in massive and complex societies in which the quality of life is dependent on decision-making processes operating somewhere beyond the horizon.

Subjects

Other Editions

• Imperfect alternatives: choosing institutions in law, economics, and public policyUniversity of Chicago Press1994-01-01
• Imperfect AlternativesPaperbackUniversity Of Chicago Press1997-01-15