Ethical analysis of law. Legal liability for risk and harm generating activities
6 important questions on Ethical analysis of law. Legal liability for risk and harm generating activities
Laws as solutions to PD situations
•Such sanctions are then voluntary in the sense that, if someone violated that law, he/she would have given his/her prior consent to being met with the sanction.
Two types of failures
2.“Unjust initial situation”Some of the negotiating parties may believe that the situation that they are in is an injustice, e.g. because their historical contribution to the pollution is much smaller than that of others. pan>
Which ethical (and legal) principles should hold between people prior to any contract between them?
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There are only two ways in which it can be ascertained that other people are not harmed by an activity:
Or there are such (actual or possible) consequences, but those who are subjected to those consequences have given their informed consent to the activity (and to the conditions under which it is performed).
So why should actors be liable for risk generating activities that have not been consented to by those who experience the (possible) consequences?
2.Because it is required for responsible and effective risk assessment and risk management practices.
A possible future of legal liability
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- Never study anything twice again
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