The aim of this seminar is to consider cost benefit analysis as a technique for policy-making. This raises questions about first how this can be carried out and second about whether this approach is desirable. We also consider the relationship between CBA and proportionality. The paper by Sunstein gives a set of practical examples that illustrates how CBA works. If you want more detail, please see the two items on the further reading list. The second item on the reading list is a choice for you of any paper in the Journal of Legal Studies Volume 29 S2 (2000) which is a special issue on cost-benefit analysis. (Pick one and then be prepared to discuss. Suggestions are Frank, Kornhauser and Sen). On proportionality see the paper by Sartor.
Sunstein ‘The Real World of Cost-Benefit Analysis: thirty-Six Questions (and almost as many answers)’ Harvard law school Public Law & Legal theory Working Paper N.13-11
One paper from the Journal of Legal Studies Volume 29 S2 June 2000
Sartor ‘Balncing in the flux of time: the case of the right to be forgotten (2013), avialable at: https://dl.dropboxusercontent.com/u/10505513/GSWorksInPreparationDB/GS2014RightForgotten/RightToBeForgottenModernLawFinal/GS2014TheRightToBeForgottenModernLawRevised.pdf
(if you have trouble downloading thsi please let us know).
Both of these go into some more detail on teh specific technques of CBA
Carson “Contingent Valuation: A Practical Alternative When Prices Aren’t Available.” (2012) 26(4) Journal of Economic Perspectives 27
Fujiwara and Campbell ‘Valuation Techniques for Social Cost-Benefit Analysis: Stated Preference, Revealed Preference and Subjective Well-Being Approaches’ (2011) available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/209107/greenbook_valuationtechniques.pdf