Stefan Huster, Bochum, und Hartmut Kliemt, Frankfurt am Main: OpportunitŠtskosten und
Jurisprudenz
Abstract: Looking at the world through the window
of opportunity costs directs attention to the good forgone rather than the good
done by our decision making. In the paper it is illustrated by means of several
examples that it may be useful for judicial decision makers to be better aware
of this aspect of their choices. When they decide in favor of the realization
of some good they should not neglect the shadow of the good that is thereby not done. Such implications of living in a
world of scarcity are driven home on the level of law enactment (de lege
ferenda) as well as in the interpretation and application of the law (de lege
lata) in our discussion of opportunity costs and the law.
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