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Profile: Matthew D. Adler (Duke University)
  1.  88
    Matthew D. Adler, Happiness Surveys and Public Policy: What's the Use?
    This Article provides a comprehensive, critical overview of proposals to use happiness surveys for steering public policy. Happiness or “subjective well-being” surveys ask individuals to rate their present happiness, life-satisfaction, affective state, etc. A massive literature now engages in such surveys or correlates survey responses with individual attributes. And, increasingly, scholars argue for the policy relevance of happiness data: in particular, as a basis for calculating aggregates such as “gross national happiness,” or for calculating monetary equivalents for non-market goods based (...)
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  2.  12
    Matthew D. Adler, Paula Dolan & Georgios Kavetsos, Would You Choose to Be Happy? Tradeoffs Between Happiness and the Other Dimensions of Life in a Large Population Survey.
    A large literature documents the correlates and causes of subjective well-being, or happiness. But few studies have investigated whether people choose happiness. Is happiness all that people want from life, or are they willing to sacrifice it for other attributes, such as income and health? Tackling this question has largely been the preserve of philosophers. In this article, we find out just how much happiness matters to ordinary citizens. Our sample consists of nearly 13,000 members of the UK and US (...)
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  3.  32
    Matthew D. Adler (2011). Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis. Oxford University Press.
    This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how that bears on the form of the social welfare function; social choice under uncertainty; and the possibility of integrating considerations of individual choice and responsibility into the social-welfare-function framework. This book also deals with issues of implementation, and explores how survey data and other sources of evidence might be used to calibrate (...)
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  4.  19
    Matthew D. Adler & Kenneth Einar Himma, The Rule of Recognition and the U.S. Constitution.
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  5.  2
    Matthew D. Adler (forthcoming). Aggregating Moral Preferences. Economics and Philosophy:1-39.
    Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. “Ideal-advisor” accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, (...)
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  6. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. University of Chicago Press.
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...)
     
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  7.  36
    Matthew D. Adler (2005). Cognitivism, Controversy, and Moral Heuristics. Behavioral and Brain Sciences 28 (4):542-543.
    Sunstein aims to provide a nonsectarian account of moral heuristics, yet the account rests on a controversial meta-ethical view. Further, moral theorists who reject act consequentialism may deny that Sunstein's examples involve moral mistakes. But so what? Within a theory that counts consequences as a morally weighty feature of actions, the moral judgments that Sunstein points to are indeed mistaken, and the fact that governmental action at odds with these judgments will be controversial doesn't bar such action.
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  8.  37
    Matthew D. Adler, Bounded Rationality and Legal Scholarship.
    Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for (...)
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  9.  36
    Matthew D. Adler, Social Facts, Constitutional Interpretation, and the Rule of Recognition.
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
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  10.  19
    Matthew D. Adler (2010). Arnold, N. Scott . Imposing Values: An Essay on Liberalism and Regulation . Oxford: Oxford University Press, 2009 . Pp. 486. $74.00 (Cloth). [REVIEW] Ethics 120 (4):831-836.
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  11.  6
    Matthew D. Adler & Michael C. Dorf (2000). Rights and Rules. Legal Theory 6 (3):241-251.
    Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...)
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  12. Matthew D. Adler (1999). Ruth Chang, Ed., Incommensurability, Incomparability and Practical Reason Reviewed By. Philosophy in Review 19 (3):168-171.
     
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  13.  3
    Matthew D. Adler, Claire Finkelstein & Peter Huang, Introduction to, Preferences and Rational Choice: New Perspectives and Legal Implications.
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  14.  1
    Matthew D. Adler (2014). Extended Preferences and Interpersonal Comparisons: A New Account. Economics and Philosophy 30 (2):123-162.
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  15.  13
    Matthew D. Adler (2002). Review of Matthew H. Kramer (Ed.), Rights, Wrongs and Responsibilities. [REVIEW] Notre Dame Philosophical Reviews 2002 (9).
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  16.  3
    Matthew D. Adler (2000). Personal Rights and Rule-Dependence. Legal Theory 6 (4):337-389.
    Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?
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  17.  3
    Matthew D. Adler (2009). On (Moral) Philosophy and American Legal Scholarship. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 114.
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  18.  8
    Matthew D. Adler, Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.
    The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...)
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  19. Matthew D. Adler (2000). Richard A. Posner, The Problematics of Moral and Legal Theory Reviewed By. Philosophy in Review 20 (2):142-145.
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  20.  3
    Matthew D. Adler (2005). Louis Kaplow and Steven Shavell, Fairness Versus Welfare:Fairness Versus Welfare. Ethics 115 (4):824-828.
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  21. Matthew D. Adler (2009). Contributors and Selected Bibliography. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 28--295.
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  22. Matthew D. Adler & Kenneth E. Himma (eds.) (2008). THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
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  23. Matthew D. Adler (2015). Well-Being Thresholds and Moral Priority. Journal of Moral Philosophy 12 (6):773-786.
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