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Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy.Law and Happiness brings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
E-Book Content
Law and Happiness Law and Happiness Edited by Er ic A. Posner and Cass R. Sunstein The University of Chicago Press | Chicago & London The essays in this volume originally appeared in The Journal of Legal Studies. The University of Chicago Press, Chicago, 60637 The University of Chicago Press, Ltd., London 2010 The University of Chicago All rights reserved. Published in 2010 Printed in the United States of America ISBN-13: 978-0-226-67600-5 (cloth) ISBN-13: 978-0-226-67601-2 (paper) ISBN-10: 0-226-67600-5 (cloth) ISBN-10: 0-226-67601-3 (paper) 14 13 12 11 10 5 4 3 2 1 Library of Congress Cataloging in Publication Data Law and happiness / Eric A. Posner and Cass R. Sunstein, editors p. cm. Includes bibliographical references and index. Summary: This book explores the rapidly developing area of research called hedonics or “happiness studies.” Researchers from fields such as philosophy, law, economics, and psychology explore the bases of happiness and what factors can increase or decrease it. The results have implications for both law and public policy. ISBN-13: 978-0-226-67600-5 (cloth : alk. paper) ISBN-10: 0-226-67600-5 (cloth : alk. paper) ISBN-13: 978-0-226-67601-2 (pbk. : alk. paper) ISBN-10: 0-226-67601-3 (pbk. : alk. paper) 1. Happiness—Congresses. 2. Happiness—Economic aspects—Congresses. 3. Well-being—Government policy—Congresses. 4. Compensation (Law)—Congresses. I. Posner, Eric A. II. Sunstein, Cass R. BJ1481.L275 2010 340 .11—dc22 2 009042195 The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Contents Introduction to the Conference on Law and Happiness / 1 Eric A. Posner and Cass R. Sunstein Measuring Well-Being for Public Policy: Preferences or Experiences? / 5 Paul Dolan and Tessa Peasgood Happiness Inequality in the United States / 33 Betsey Stevenson and Justin Wolfers Who Is the Happy Warrior? Philosophy Poses Questions to Psychology / 81 Martha C. Nussbaum Two Recommendations on the Pursuit of Happiness / 115 Christopher K. Hsee, Fei Xu, and Ningyu Tang Hive Psychology, Happiness, and Public Policy / 133 Jonathan Haidt, J. Patrick Seder, and Selin Kesebir Illusory Losses / 157 Cass R. Sunstein Pain and Suffering Awards: They Shouldn’t Be (Just) about Pain and Suffering / 195 Peter A. Ubel and George Loewenstein Death, Happiness, and the Calculation of Compensatory Damages / 217 Andrew