Imperfect alternatives

Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element - institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them - the market, the political process, or the adjudicative process.…