Accessible Unlicensed Requires Authentication Published by De Gruyter June 17, 2014

The Holistic and Policy-Focused Interpretation of Hypothetical Insurance

Douglas Bamford

Abstract

This paper argues that the best interpretation of Ronald Dworkin’s hypothetical insurance scheme is a holistic one that allows the parties to make choices between the policies that are available. This interpretation contrasts with the hypothecated and insurance-focused aspects that are traditionally understood as part of the procedure. The paper argues that the holistic interpretation better fits with the ideal of resource egalitarianism that people should have as much choice as possible from an equal starting point. It does so by allowing people a choice over the policies that will be used to achieve their insurance preferences.

Acknowledgments

Thanks for comments on the ideas in this paper provided by anonymous referees, Matthew Clayton, Andrew Reeve, Stephanie Rinaldi, Liam Shields, Zosia Stemplowska and Adam Switft.

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Published Online: 2014-06-17
Published in Print: 2015-05-01

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