This post is in response to Andrew's post above. Calabresi & Melamud also note societal norms of wealth distribution as potentially valuable in making functionally sound decisions in torts and property. I like this concept, and I think the courts can, if they choose, make significant changes to structural inequities which elevate some groups at the expense of others. Unfortunately for me, I doubt that most judges share my views about wealth distribution. In fact, as a group, I would assume that judges have a lot invested (intellectually and financially) in maintaining the status quo. This doesn't, however, explain a doctrinal development like enterprise liability, which has had significant distributional effects.

-- WalkerNewell - 28 Jan 2009