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New foundations of cost–benefit analysis

A reply to Professors Sinden, Kysar, and Driesen


Eric Posner, University of Chicago Law School, 1111 E. 60th Street, Chicago, IL 60637, USA. Email:


This article responds to the criticisms of New Foundations of Cost–Benefit Analysis that appeared in a review by Amy Sinden, Douglas A. Kysar, and David M. Driesen. We argue that their criticisms are either based on misunderstandings of our approach or are too demanding, in the sense that no reasonable decision procedure would satisfy them. We illustrate this second argument by demonstrating that their preferred approach – feasibility analysis – has little to recommend it.