 In the late 1970s and early 1980s, controversy raged primarily over the evaluative claim. This debate largely recapitulated the debate over the “new welfare economics” that occurred in economics in the late 1930s and early 1940s. Debate over this claim briefly resurged with the publication of Kaplow and Shavell [2004]. More recently, however, claim (III), the doctrinal claim has received the most philosophical attention. 