Calabresi's Distribution Theory Of Social Scarce Resource And A Critique To It

Calabresi's distribution theory of social scarce resource has two logical beginnings. First, the resource is only in the scarce situation, the tragedy can possibly appear. Moreover, even if the resource is scarce, the tragedy would not inevitably appear also. Second, the scarce resource must be close to people's life-or-death and destiny. Based on these two logical beginnings, we may use a terminology to carry on the description to the specific situation, that is "tragic situation". This concept is a background, a stage, in Calabresi's distribution theory of society scarce resource. Just because of this background and the stage, each "tragedy" in Calabresi's distribution theory of social scarce resource then has the performance space and becomes possible.When the scarce resource is distributed, society's basis resting on, as well as this basis itself comes from, is a series of questions unavoided. Calabresi saw this question which contained all sorts of complex factors precisely, he therefore proposed the famous "tragic choices" theory. In the process of the analysis to this theory, Calabresi proposed "two orders of determination". In the limit of natural resource, people must decide how many scarce goods to produce, this is the so-called first-order-determination. Simultaneously people must decide who can obtain the scarce goods, this is the so-called second-order-determination. Just because Calabresi saw the two orders of determination of scarce resource which produce the tragedy, then the helpless assignment camouflaged to the scarce resource. Essentially, in Calabresi's opinion, as early as the scarce resource assignment is produced, the tragedy was caused. Because the society already had decided what kind of resource was scarce, the tragedy was doomed inevitably in the specific space and time.Regarding the reason of tragic choices, Calabresi's explanation is "the cultural tragedy". The cultural tragedy is realized by the conflict in a series of dominant values in some society. In Calabresi's distribution theory of scarce resource, the culture was highlighted much regional. And Calabresi suggested the cultural tragedy existed in both process of the orders of determination. The proess of the first-order-determination decides who will appear in the tragedy, the second-order-determination decides who will undertake the disadvantageous consequence.Regarding in which theory background the Calabresi's distribution theory of society scarce resource is produced, as well as his theory grows out of there, I need to refer to the wealth maximization pragmatism assignment theory. Posner's wealth maximization theory is based on the critique to the utilitarianism. In Posner's opinion, the utilitarianism cannot distribute the contradictory between justice and efficiency effectively, mainly based on three reasons as follows: first, the domain is indefinite; second, unable to estimate; third, we cannot rule out the despotic possibility. Posner hopes social wealth will grow in greatest degree by taking the wealth maximization as ultimate pursue, thus to disappear all sorts of contradictions in the society. Based on Posner's wealth maximization theory, when faced the assignment problems of the social resource, the individuals or the communities in some society are in the foundation of agreement, which is agreed firmly to this core value of the efficiency, thus makes the social wealth rise in value in the greatest degree, and makes up individuals or the communities upon this foundation, then this is may want. Moreover , there is no better solution. In the process of assignment of the scarce resource, specially in the determination of deciding what kind of resource is scarce, Posner's so-called agreement principle loses its foundation and space. When the resource which is close to people's life-or-death and destiny is in assignment, this principle which only pays great attention to the efficiency inevitably is able to cause the rich person and the poor person to receive the different treatment. The wealth maximization acknowledges the principle of compensation, but this so-called principle of compensation is easy to cause the relative poorer communities to carry on the certain degree of compensation by the society after receiving the unfair treatment in certain societies. But the question is that this kind of compensation cannot extinguish the bad consequence which comes from the scarce resource being distributed by the wealth maximization way. In Calabresi's opinion, the principle of agreement cannot solve the question in which the scarce resource is distributed, because in specific societies, in the case of the relative consultation mechanism not formed, agreement has even more lost its existence foundation.Proofing in the cultural tragic, Calabresi has one tendency, that is before the precise definition to the culture, rashly introducing the social basic values in his theory. It is easy to cause two questions: first, the way of the culture being defined as a set of value principles and standards itself exists theoretical difficulty; second, if Calabresi's definition is effective, the contradiction among different communities cannot be easily solved.Although Calabresi emphasizes that the weak in society must be regard by different principles repeatedly, his distribution theory of society scarce resource attempts to construct a collectivism standpoint to attenuate individual demand in society. This causes his theory have the certain non- rational tendency, thus pays too much attention to the collective but neglects the individuals.Calabresi's theory has intense non-judgement characteristic. His theory is so discrete that always appears unable to let the people have one direct view to his theory among the application aspects. The impression to people is that the thought does not face to the tragic choice, but reject its existence. The most essential question is that how Calabresi defines the question, not whether he proposes the solution.Calabresi's distribution theory of society scarce resource although comes from west, it may have some model significances in thinking and solving many questions about China in some stage nowadays. Regarding current China, many social questions are precisely rooted in the problem of the scarce resource assignment.