| Posner adopted the economic principle of wealth maximization as a guiding principle for the dispensation of justice. This resulted in his endorsing the Kaldor-Hicks principle (also known as the potential Paretian improvement principle) as a basis for just laws. This article explores whether this principle is an adequate basis for environmental law. As can be deduced from Fleming, the legal approach adopted by Posner is by no means new because early British tort law was applied in a manner intended to foster economic growth. Nevertheless, the wealth maximization principle is not adequate as a basis for just environmental laws because for one thing it ignores questions involving changes in income distribution. Consequently, Rawls’ principle of justice is... |
