Transparency, Allocation, Welfare, Autonomy, Bioethics, Product labeling, Prioritarianism, Rights, Distributive justice
Sturm College of Law
This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.
Govind Persad, Transparency Trade-Offs: Priority Setting, Scarcity, and Health Fairness, in Transparency in Health and Health Care in the United States: Law and Ethics 44 (I. Glenn Cohen, et al., eds., 2019).