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Opportunit├Ątskosten und Jurisprudenz

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Looking at the world through the window of opportunity costs directs attention to the good forgone rather than the good done by our decision making. In the paper it is illustrated by means of several examples that it may be useful for judicial decision makers to be better aware of this aspect of their choices. When they decide in favor of the realization of some good they should not neglect the shadow of the good that is thereby not done. Such implications of living in a world of scarcity are driven home on the level of law enactment (de lege ferenda) as well as in the interpretation and application of the law (de lege lata) in our discussion of opportunity costs and the law.
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Document Type: Research Article

Publication date: April 1, 2009

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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