Transparency Trade-offs Priority Setting, Scarcity, and Health Fairness
Document Type
Book Chapter
Publication
Cambridge University Press
Year
2019
Citation Information
Govind Persad, Transparency Trade-offs Priority Setting, Scarcity, and Health Fairness, 44 (2019), available at https://scholar.law.colorado.edu/faculty-articles/1949.
Abstract
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.