Natural advantages and contractual justice |
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Authors: | Larry Alexander William Wang |
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Institution: | (1) School of Law, University of San Diego, Alcalá Park, 92110 San Diego, CA, U.S.A.;(2) University of California, Hastings College of the Law, 200 McAllister Street, 94102 San Francisco, CA, U.S.A. |
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Abstract: | Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking. |
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