TABLE OF CONTENTS
I. INTRODUCTION
II. WELFARE ECONOMICS AND FAIRNESS
A. Welfare Economics
1. Individuals  Well-Being
2. Social Welfare and Individuals  Well-Being
3. Remarks on Social Welfare and the Distribution of Income
4. Concluding Remark
B. Notions of Fairness
1. Basic Nature of Notions of Fairness
2. Remarks on the Meaning and Coherence of Notions of Fairness
C. Overview of Our Argument
1. The Argument for Welfare Economics and Against Notions of Fairness
2. On the Rationale for Notions of Fairness
D. Notions of Fairness and Social Norms
1. The Nature of Social Norms
2. Implications for the Role of Notions of Fairness in Legal Policy Analysis
III. TORTS
A. Welfare Economics and Tort Law
B. Notions of Fairness and Tort Law
1. Notions of Fairness in Tort Law
2. Comments on the Literature
C. Welfare Economics versus Fairness in Paradigmatic Accident Situations
1. Reciprocal Accidents
(a) Description
(b) Effects of the legal rules
(c) Choice of legal rules using welfare economics
(d) Choice of legal rules using notions of fairness
(e) Why the choice of legal rules should be based only on individuals 
well-being
(i) The argument for welfare economics and against notions of
fairness
(ii) Comments on the literature
(iii) Remarks on the significance of our demonstration that
giving weight to any notion of fairness may make all
individuals worse off
(f) The apparent mootness of concerns for fairness

2. Nonreciprocal Accidents
(a) Description
(b) Effects of the legal rules
(c) Choice of legal rules using welfare economics
(d) Choice of legal rules using notions of fairness
(e) Why the choice of legal rules should be based only on individuals 
well-being
D. Welfare Economics versus Fairness in Paradigmatic Accident Situations: The Case
Where Harm Is Uncertain
1. Reciprocal Accidents
(a) Description
(b) Effects of the legal rules
(c) Choice of legal rules using welfare economics
(d) Choice of legal rules using notions of fairness
(e) Why the choice of legal rules should be based only on individuals 
well-being
(f) The foregoing reconsidered when insurance is not purchased
(i) Victims uninsured
(ii) Injurers uninsured
2. Nonreciprocal accidents
E. The Appeal of Notions of Fairness and Its Implications
1. Social Norms and Notions of Fairness
2. Implications for the Role of Notions of Fairness in Legal Policy Analysis
3. Remark on the Concepts of Injurer and Victim
F. The Extent to Which Use of Notions of Fairness Has Led Us Astray
IV. CONTRACTS
A. Welfare Economics and the Enforcement of Contracts
B. Notions of Fairness and the Enforcement of Contracts
1. Promise-Keeping Notions of Fairness
2. Notions of Fairness that View Breach as Akin to a Tort
3. Further Comments on the Literature
C. Welfare Economics versus Fairness and the Enforcement of Contracts
1. Complete Contracts
(a) Description
(b) Examination of different contracts
(c) Effects of the legal rules
(d) Choice of legal rules using welfare economics
(e) Choice of legal rules using notions of fairness
(f) Why the choice of legal rules should be based only on individuals 
well-being
(i) Promise-keeping notions of fairness
(ii) Notions of fairness that view breach as akin to a tort
(iii) Summary

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