IS EXCLUSIVITY OF EFFICIENCY-BASED GOALS IN ACCIDENT LAW DESIRABLE?

Abstract

Author concerns himself with the question whether it is desirable that law only promotes economicgoals. Acceptance of Posner’s wealth maximization principle implicitly leads also to acceptance of currentdistribution of wealth and income. Calabresi doubts that acceptance of the latter is desirable and suggeststhat it is necessary, by means of social agreement, to define what distribution of wealth and income we considerdesirable (just). Author focuses on the field of accident law and depicts the disagreement between Posnerand Calabresi on the example of accidents of cars and cyclists. Author concludes that Calabresi’s argumentationis more persuasive.