PHIL 316 Chapter Notes - Chapter Craswell: Paternalism, Breach (Security Exploit)

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Craswell also finds it unnecessary to specify how any individual"s welfare is to be judged. (2) the first efficiency theory judges the enforcement of a promise from the efficiency of the promised behavior. Craswell argues that promises should be enforced if they are efficient. There are some circumstances in which it might not be efficient to perform a contract. Economists argue for something close to strict liability. What is its impact upon his two objections raised in question (3) This question has received many different philosophical answers. One set comes from the utilitarian tradition i. ii. Most advanced in law and economics within legal scholarship. Sometimes attributed to economists in the non-economic literature. Within that tradition there are two different economic theories. First theory treats enforcement as equivalent to the eventual performance of the promised action i. Enforcing the promise is efficient just in case performing the promised actions would be efficient.

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