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Limitations of Pareto optimality
First of all, Pareto optimality is just an ethical personal view put forward by Pareto, which is one of countless values of human beings. Some philosophers who pay more attention to the equal distribution of wealth will not agree with Pareto principle, but may propose the following alternative criteria: 1. Everyone's situation must be improved in proportion. Everyone's situation must be improved and the poor must get more than the rich. 3. The principle that one side's situation has improved and the other side's situation has at least not deteriorated is feasible, but it must be the poor who improve and the rich who maintain the original state. In the normative sense, Professor Sen therefore criticized Pareto's thought as "simple" in ethical connotation. Rawls also made it clear: "The principle of efficiency (Pareto's) itself cannot be used as an explanation of justice. So it must be supplemented in some way. Nowadays, in the system of natural freedom, the principle of efficiency is bound by some background systems. Once these restrictions are met, any resulting effective distribution is considered fair. " Therefore, Pareto optimal allocation efficiency can not achieve exclusive status in the legal value system because of its normative function defects. Secondly, can Pareto optimal allocation efficiency achieve exclusive status in the value system of a certain law, such as anti-monopoly law? For example, Posner and others believe that even if we want to pay attention to other values such as fairness, it is mainly reflected in the field of wealth distribution, and this goal cannot be achieved under the framework of the principles and procedures of the anti-monopoly law. But this argument is too wishful thinking, whether from the value consideration when Sherman's anti-monopoly law occurred or from Robinson? The legislative purpose of patman Law is to establish substantive fairness as the primary factor to be considered in legislation, rather than allocation efficiency. In the final analysis, legislation has its own laws and will never be influenced by some value proposition supported and appealed by scholars.
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