This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals

Persad, Govind

English

PhilPapers

Transparency Trade-Offs: Priority Setting, Scarcity, and Health Fairness

University of Denver

University of Denver Digital Commons @ DU Sturm College of Law: Faculty Scholarship University of Denver Sturm College of Law 6-19-2019 Transparency Trade-offs Priority Setting, Scarcity, and Health Fairness Govind Persad University of Denver, gpersad@law.du.edu Follow this and additional works at: https://digitalcommons.du.edu/law_facpub  Part of the Health Law and Policy Commons, and the Law and Philosophy Commons Recommended Citation Govind Persad, Transparency Trade-Offs: Priority Setting, Scarcity, and Health Fairness, in Transparency in Health and Health Care in the United States: Law and Ethics 44 (I. Glenn Cohen, et al., eds., 2019). This Book Chapter is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Sturm College of Law: Faculty Scholarship by an authorized administrator of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. Transparency Trade-offs Priority Setting, Scarcity, and Health Fairness This book chapter is available at Digital Commons @ DU: https://digitalcommons.du.edu/law_facpub/196 