Private Law Theory

ABSTRACT
This essay argues that building community may be one of the ‘other justice reasons’ identified by Guido Calabresi and Douglas Melamed in their seminal article, ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’. Using Judge Calabresi’s like and transformative justice as examples, it suggests that as an ‘other justice reason’, building community may be a goal that society pursues even when pursuing it may subvert both efficiency and distributional goals.

Davidson, Adam, Guido Calabresi’s ‘Other Justice Reasons’ (October 25, 2024), University of Chicago, Public Law Working Paper No 871.