8 Cardozo Pub. L. Pol'y & Ethics J. 31 (2009-2010)
Equality, Entitlement, and Efficiency: Dworkin, Nozick, Posner, and Implications for Legal Theory

handle is hein.journals/cardplp8 and id is 33 raw text is: EQUALITY, ENTITLEMENT, AND EFFICIENCY:
DWORKIN, NOZICK, POSNER, AND
IMPLICATIONS FOR LEGAL THEORY
Stephen O'Hanlon*
A bstract  ......................................................  3 1
Introduction  ..................................................   32
I.  D w orkin  .............................................   37
A.  Law  as  Integrity  ..................................  37
B.  Equality  of Resources .............................   45
II. Nozick and Libertarianism   ............................   52
III.  Law  &  Econom ics ....................................   65
A. Morality, Practicality, and Welfare .................   67
i.  M  orality  .....................................  67
ii.  Practicality  ...................................  75
iii.  W elfare  ......................................  79
B. Wealth Maximization and Rational Theory .. ......     83
i.  Wealth Maximization .........................      84
ii.  Rational  Theory .. .........................   86
C. Distribution, Capture, and Marx ..................      91
D .  Efficiency  Revisited  ...............................  96
C onclusion  ...................................................   99
ABSTRACT
This Article analyzes the legal theories of Ronald Dworkin, Robert
Nozick, and Richard A. Posner. The Article concludes that integrity, equal-
ity, libertarianism, and efficiency are all important values that contribute to
the formulation of a compelling legal theory.
* Lecturer in Philosophy, Temple University. B.A., Trinity College Dublin; M. Phil., The
London School of Economics; J.D., Temple University, Beasley School of Law. The author
wishes to express his gratitude to Michael Libonati who oversaw the research and writing of this
Article over the course of an academic year. In addition, the author thanks Richard Bradley at
the London School of Economics for supervising the author's thesis on Robert Nozick and
providing comments on much of the source material for the section on Nozick. The author also
wishes to thank David Hoffman for reading guidance in the field of law and economics. The
author thanks all those involved in the editing and production processes at the Cardozo Public
Law, Policy and EthicsJournal. Chris Baker is also thanked for his encouragement and input. As
always, the author wishes to express the utmost gratitude to Laura Lee Swan-O'Hanlon and
Julien O'Hanlon.

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