Citations of:
Is the risk–liability theory compatible with negligence law?
Legal Theory 11 (4):387-404 (2005)
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In this paper, I propose and defend a distinct and novel approach to compensation for risk impositions. I call it the Risk-Pooling System of compensation. This system suggests that when X performs an action that imposes a risk of harm to Y, then X is liable to Y, and is therefore obliged to make an ex ante compensation that is roughly equivalent to the expected cost of potential harm to a social- risk pool. If and when Y suffers harm as (...) |
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What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...) |