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Table 1 Overview of frameworks for preference elicitation

From: Preferences as fairness judgments: a critical review of normative frameworks of preference elicitation and development of an alternative based on constitutional economics

Normative framework

Ethical neutrality

Maximizing preference satisfaction

Maximizing substantive value

Meeting principles consented to

Ethical orientation

Ethically neutral / behaviorist position

Preference utilitarianism

Health-related consequentialism

Utilitarianism

Capability- oriented consequentialism

Contract ethics / Nonaggregationism

Economic theory

Neoclassical axiomatic utility theory

Health-related extra-welfarism

Hedonistic utility theory

Capability-related extra-welfarism

Constitutional economics

Concept of preference

Ethically neutral predictor of choice

Undisputable desire/taste

“Laundered”/ “rational” desire

Evaluation of health state

Evidence of happiness

Evidence of capabilities

Fairness judgment regarding priorities

Aim of preference elicitation

No elicitation of “preferences” but prediction of choice

Measure strength of preference satisfaction (potentially including ethical preferences)

Parameterize health-related quality-of life measure

Provide evidence of happiness

Parameterize capability measure

Consistency checks of multi-attributive concepts of value

Concept of social value

N.A. (predict market share)

Aggregated preference satisfaction

Aggregated sum of (weighted) health outcomes

Aggregated sum of happiness

Aggregated sum of achieved capabilities

Consistent decisions according to rules consented to

Challenge (example)

No normative guidance for social decision

Doubtful that gut feeling leads to consistent, rational rank orders

Difficult to determine “laundered” and to justify “strength of preference”

Ambiguity of health measures

(Neoclassical) concerns against hedonistic utilitarianism

Concerns against consequentialism, lack of operationalization

Lack of substantive evaluation criteria, difficult to establish consent