Inequality and Uncertainty: Theory and Legal Applications

Welfarism is the principle that social policy should be based solely on individual well-being, with no reference to \u27fairness or rights. The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the ex ante/ex post problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a social welfare function that is equity regarding to some degree, then she faces a critical choice. Should she care about the equalization of expected well-being (the ex ante approach), or should she care about the expected equalization of actual well-being (the ex post approach)? Should she focus on the equality of prospects or the prospects for equality? In this Article, we bring the ex ante/ex post problem to the attention of legal academics, provide novel insight into when and why the problem arises, and highlight legal applications where the problem figures prominently. We ultimately conclude that welfarism requires an ex post approach. This is a counterintuitive conclusion, because the ex post approach can conflict with ex ante Pareto superiority. Indeed, this Article demonstrates that the ex post application of every equity-regarding social welfare function-whatever its particular form-must conflict with ex ante Pareto superiority in specific situations. Among other things, then, this Article shows that legal academics who care about equity must abandon either their commitment to welfarism or their commitment to ex ante Pareto superiorit

Inequality and Uncertainty: Theory and Legal Applications

Welfarism is the principle that social policy should be based solely on individual well-being, with no reference to \u27fairness or rights. The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the ex ante/ex post problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a social welfare function that is equity regarding to some degree, then she faces a critical choice. Should she care about the equalization of expected well-being (the ex ante approach), or should she care about the expected equalization of actual well-being (the ex post approach)? Should she focus on the equality of prospects or the prospects for equality? In this Article, we bring the ex ante/ex post problem to the attention of legal academics, provide novel insight into when and why the problem arises, and highlight legal applications where the problem figures prominently. We ultimately conclude that welfarism requires an ex post approach. This is a counterintuitive conclusion, because the ex post approach can conflict with ex ante Pareto superiority. Indeed, this Article demonstrates that the ex post application of every equity-regarding social welfare function-whatever its particular form-must conflict with ex ante Pareto superiority in specific situations. Among other things, then, this Article shows that legal academics who care about equity must abandon either their commitment to welfarism or their commitment to ex ante Pareto superiorit

Subject to Change: Democracy, Disidentification, and the Digital

Radical democratic politics in the digital age is characterized by the widespread emergence of participatory spaces generated by state actors and social movements. These new formats of citizen engagement are situated in the context of social inequalities and discrimination of marginalized identities. To counter this problem, feminist debates in democratic theory associated with the term “difference democracy” advocate a politics of presence through physically embodied representation of marginalized groups, providing visibility in the space of appearance. This strategy, however, entails essentializing tendencies as subjects are judged by their physical appearance rather than the content they utter, a problem described as the “dilemma of difference”. This thesis seeks ways out of the dilemma of difference by advancing both freedom and equality in participatory spaces. It explores the relations of freedom and equality that are described as competing values in the democratic paradox. To make the freedom to explore the multiple self compatible with the equality facilitated through the presence of the marginalized, the thesis engages with a range of radical democratic perspectives. To the established participatory, deliberative, and agonistic approaches it adds feminist and transformative perspectives. On these grounds, it develops the concept of a politics of becoming, which is seen as part of a progressive strategy of systemic transformation. Inspired by queer and gender theory, the politics of becoming reinterprets presence as the performative act of self-constitution. To enlarge the free spaces of the subject to change, the thesis suggests radical democratic practices of disidentification through anonymity that affords the opportunity to reject hegemonic identity interpellations and contributes to a democratization of self-constitution. Drawing on new materialist thought allows for an interpretation of both spatial configurations and the subject as agentic assemblages. Anonymity and other modes of disidentification enable an interruption of such assemblages and reassemble spaces and the self. Digital means of communication provide new affordances for identity expressions. The emerging cyborgian subjects reassemble identity and reconfigure the space of appearance. This results in a new politics of presence that expresses embodied difference but still provides freedom for the subject to change

Trust and reciprocity between neighbour countries: Morocco, France and Spain

This article examines an intra- and international trust game experiment between Moroccans, French and Spanish. Before making decisions, participants knew the nationality of their partner. We find that, on average, subjects from Morocco exhibit a higher level of trust. Furthermore, they trust French more than Spanish subjects. Regarding reciprocity, subjects from Spain were the least trustworthy. Additionally, we do not observe country differences in reciprocal behaviour

Essays on Social Preferences in Experimental Economics

The dissertation consists of four experimental studies where social preferences can act as a motivational factor for individual decisions

Globalization, values, and consumer trends: A French and USA comparison

This thesis examined how factors such as perceptions of globalization, individual and nationalistic values, and cultural products influenced consumer choice in French and American nationals

Byzantine Larisa and its region from the 6th century to 1204

The mediaeval town of Larisa and its immediate vicinity -the most important part of Thessaly- in central Greece have been generally viewed as one of the most remote and underdeveloped areas within the Byzantine Empire. By the examination of the sources under a new light and the exploitation of new archaeological evidence the present thesis challenges this traditional view and attempts to highlight the key role which Larisa played as one of the most prominent administrative and ecclesiastical centres in Greece. Chapter One deals with the invasions of the Slavs in the Thessalian territory during the 6th-7th centuries, their subsequent settlements and their final absorption in the Byzantine state through their hellenization and Christianisation. Chapter Two examines the changes within local society after the passing of the Dark Ages, and considers the fate of the town during the temporary Arab threat, and the invasions of Symeon and Samuel in the course of the 10th century. Chapter Three focuses on the important administrative changes, the architectural renaissance in the region of Ossa, the Thessalian revolt of 1066 and the presence of the Vlachs as a disdnct ethnic group. Chapter Four gives the clearest possible account of Alexios' I campaign in 1082 with a view to relieving Larisa from the Norman pressure. Chapter Five confirms in the region of Larisa the economic prosperity attested throughout the empire in the first three quarters of the 12th century, analyses the local administrative structures and studies the circumstances under which Larisa passed into Latin hands. Finally, Chapter Six provides a clear view of the ecclesiastical organisation of the area, attests the Bogomil threat during the 12th century, evaluates the important role of St. Achilleios' cult and summarises the monastic presence in the mountain of Kellia