Home -> Law Blog Directory -> Academic Blogs -> The University of Chicago Law School Faculty Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: The University of Chicago Law School Faculty BlogRichard Epstein on Good Fortune and Bad Luck
The January 2008 issue of Theoretical Inquiries in Law contains an article by Richard Epstein entitled "Decentralized Responses to Good Fortune and Bad Luck." The abstract is below, and you can read the PDF here.
Most forms of egalitarian theory impose on government (and through it other people) to redress the inequalities of fortune that result from bad luck. This Article takes issue with the various forms of this large claim, and argues that decentralized forms of assistance are likely in the long run to do better by the very standards by which egalitarians justify their own program. The alleviation of poverty depends in the first instance on increases in wealth that can only come through private innovation and technological advances. These have in fact produced major improvements in overall well-being, with disproportionate advances for the poor. But if one starts with Dworkin?s unsustainable distinction between option and brute luck, or Nussbaum and Sen?s capability theory, then no egalitarian theory can deliver on the promise to level differences in wealth without seriously compromising overall levels of social welfare. By expanding the scope of government regulation, these proposals open the door to selfish political forces whose political clout ensures that ill-conceived programs, such as the Americans with Disabilities Act, frustrate the very goals they hope to achieve. State intervention to redistribute resources should be understood as a last resort for dealing with problems of ill fortune.
Full post as published by The University of Chicago Law School Faculty Blog on February 13, 2008 (boomark / email).
Pork Plant Explosion
IHP Industrial, Triumph Foods, Epstein and Sons, and Missouri Gas Energy pay over $12.3 million in wrongful death and personal injury settlements.
Richard Mellon Scaife
Billionaire divorce lawsuit ends in a $725,000 a month settlement.
Dr. Richard Glunk
$20 million settlement reached in medical negligence and wrongful death lawsuit.

Ellickson on Federalism, Kelo, and Epstein
Richard Epstein on Preemption and the Medical Device Safety Act
AALS Torts Section Announces Panel on Richard Epstein
Epstein arguing against state based redistributions
Richard Epstein on Consumer Regulation
Richard Epstein to Howard Dean: Welcome to My Nightmare!
Epstein & Hills on Takings at Prawfs
Epstein Revisits Property Rights in New Book







