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People who view the law from an economic perspective are often referred to as “rational calculators.” Pareto looks at the gains of a particular party, while the Kaldor-Hicks criteria only views a transaction as economically efficient if one party gains so much as to be able to compensate the one who does not benefit as much. Posner adds to the concept of scarcity and claims it’s impossible to have absolute economic efficiency, but he does believe common law approves efficient transactions.
Posner also believes common law is efficient because it has constantly changed over time to serve society’s best interests. He believes the goal of the law is wealth maximization.
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