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  • Essay / Sunstein Vs. Posner: A Theoretical Conflict in Law

    This is because Sunstein uses his theory to suggest that all comprehensive theories of law require something more. This something more is low-level principles. Low-level principles do exactly what high-level theories do, except overall structure. Posner suggests that developing and applying rules and procedures to particular cases should require wealth maximization; therefore, anything that does not support wealth maximization would result in social waste under the law. But Sunstein argues that low-level principles do not endanger social welfare. So this alludes to the fact that Posner's explanation of wealth maximization cannot, at the moment, accommodate Sunstein and his low-level ideas.