Speaker：Wataru TANAKA [Institute of Social Science, The University of Tokyo]

Date：June. 20, 2021／15:00‐16:40 (JST)

Location：Zoom

Target:：Open to the public

Abstract：In jurisprudence, legal issues are discussed in terms of how to interpret the provisions of relevant laws and regulations (interpretive theory), or, if new legislation is to be enacted, what kind of legal provisions should be established (legislative theory). That being the case, what is the standard in these legal theories for evaluating, or deciding, the "desirability" of a law? In this presentation, I will discuss the evaluation criteria that should be the standard for legal theories by examining the arguments, and critiques, of Posner, who advocates efficiency ("wealth maximization") as the sole evaluation criterion for legal systems, and Kaplow and Shavell, who advocate social welfare as the sole evaluation criterion.