Incommensurability and Valuation in Law.¶
Sunstein, C. R. (1994). Incommensurability and Valuation in Law. Michigan Law Review, 92(4), 779-861.
Cited by¶
2 citations across 2 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Commensurability
- A core function of naming commensurability is to surface the structural necessity of a common measure for any aggregation or comparison, and to distinguish domains naturally commensurable (distances, durations) from those requiring constructed metrics (beauty, justice, suffering, ecological health), a distinction Sunstein (1994) develops in his analysis of how legal valuation must reckon with values that resist reduction to a single metric.
This sourceArgues human goods are plural and not assessable on a single metric, and analyzes how legal valuation (damages, regulation, cost-benefit analysis) must reckon with constructed metrics that erase qualitative distinctions; supports the clarity-section claim about distinguishing naturally commensurable from constructed-metric domains.
- A core function of naming commensurability is to surface the structural necessity of a common measure for any aggregation or comparison, and to distinguish domains naturally commensurable (distances, durations) from those requiring constructed metrics (beauty, justice, suffering, ecological health), a distinction Sunstein (1994) develops in his analysis of how legal valuation must reckon with values that resist reduction to a single metric.
- Value Commensuration
- Legal Damages: Courts must commensure personal injury (pain, suffering, lost opportunity, emotional distress) to monetary damages, a problem Sunstein (1994) frames as the central puzzle of incommensurability and valuation in law: the monetary assignment is not intrinsic but constructed to enable compensation and legal resolution.
This sourceArgues that human goods are plural and not commensurable on a single metric, and analyzes how legal valuation (damages, regulation, cost-benefit analysis) must reckon with constructed metrics that erase qualitative distinctions among kinds of value.
- Legal Damages: Courts must commensure personal injury (pain, suffering, lost opportunity, emotional distress) to monetary damages, a problem Sunstein (1994) frames as the central puzzle of incommensurability and valuation in law: the monetary assignment is not intrinsic but constructed to enable compensation and legal resolution.
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