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Prices, Sanctions, and Discontinuities

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0002
Subject:
Law, Comparative Law

This chapter considers a misalignment between the standards of care and damages due to a court's lack of information regarding causation. It first explains the distinction between prices and ... More


The Injurer’s Self-Risk Puzzle

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0003
Subject:
Law, Comparative Law

This chapter considers a misalignment due to courts' ignorance of the injurer's self-risk when they set the standard of care. In setting the standards of care, courts consider the risks the injurer ... More


The Relationship between Nonlegal Sanctions and Damages

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0012
Subject:
Law, Comparative Law

This chapter examines positive externalities caused by nonlegal sanctions. It first considers a wrongdoer's incentives in cases where nonlegal sanctions are dead-weight losses versus cases where ... More


Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.001.0001
Subject:
Law, Comparative Law

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would ... More


‘Boys Will Be Boys’: The Child Defendant and the Objective Standard

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0003
Subject:
Law, Philosophy of Law

The problem of how to judge individuals with cognitive or intellectual shortcomings illustrates one aspect of the ‘trouble’ with the reasonable person and thus raises a series of questions implicated ... More


Introduction

James C. Raines

in Evidence-Based Practice in School Mental Health

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366266
eISBN:
9780199864027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366266.003.0001
Subject:
Social Work, Children and Families, Research and Evaluation

This introductory chapter addresses five major reasons for evidence-based practice and three philosophies of science that might serve to under gird it. The five reasons are ethical, legal, clinical, ... More


Cost and Quality in Higher Education

Robert B. Archibald and David H. Feldman

in Why Does College Cost So Much?

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744503
eISBN:
9780199866168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744503.003.0005
Subject:
Economics and Finance, Financial Economics

The previous chapter explained why technological innovation increases the demand for highly skilled workers in the economy. These same changes affect higher education. Higher education is much more ... More


Providing Love and Care: Foster Parents as Parents

Catherine E. Rymph

in Raising Government Children: A History of Foster Care and the American Welfare State

Published in print:
2017
Published Online:
May 2018
ISBN:
9781469635644
eISBN:
9781469635651
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469635644.003.0005
Subject:
History, American History: 20th Century

This chapter examines the ambiguity of the foster parent role in the post-World War II period, looking particularly at analogies to other kinds of parenting. It explores efforts by child welfare ... More


Birth Models That Work

Robbie Davis-Floyd, Lesley Barclay, and Jan Tritten (eds)

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520248632
eISBN:
9780520943339
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520248632.001.0001
Subject:
Anthropology, Medical Anthropology

This book takes us around the world in search of birth models that work in order to improve the standard of care for mothers and families everywhere. The contributors describe examples of maternity ... More


GID in Hong Kong: A Critical Overview of Medical Treatments for Transsexual Patients

Eleanor Cheung

in As Normal as Possible: Negotiating Sexuality and Gender in Mainland China and Hong Kong

Published in print:
2010
Published Online:
September 2011
ISBN:
9789622099876
eISBN:
9789882206625
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099876.003.0005
Subject:
Society and Culture, Asian Studies

This chapter briefly discusses Gender Identity Disorder (GID), the Standards of Care advocated by Harry Benjamin, and the treatment transsexual patients have been receiving in Hong Kong since 1986. ... More


Liability in Emergency Cases

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0017
Subject:
Law, EU Law

An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing ... More


Enhancing Responsibility

Nicole A Vincent

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0013
Subject:
Philosophy, Moral Philosophy

We normally think that responsibility tracks mental capacity — i.e. that people’s responsibility diminishes when their mental capacities are compromised, and that it is restored as those capacities ... More


Neuroscience and Tort Law Doctrine

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0004
Subject:
Law, Philosophy of Law

Chapter Four discusses in broad strokes the potential impact of neuroscientific findings on tort law doctrine—including the standard of care, proximate causation, and the compensability as well as ... More


The legal aspects of cognitive enhancement

Imogen Goold

in Rethinking Cognitive Enhancement

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198727392
eISBN:
9780191835230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727392.003.0016
Subject:
Psychology, Psychopharmacology, Cognitive Neuroscience

This chapter will examine a range of legal issues that have arisen as a result of the emergence of putative cognitive enhancement technologies and transcranial direct current stimulation devices. It ... More


State of Emergency

George J. Annas

in Worst Case Bioethics: Death, Disaster, and Public Health

Published in print:
2010
Published Online:
May 2015
ISBN:
9780195391732
eISBN:
9780190267650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195391732.003.0003
Subject:
Philosophy, Moral Philosophy

This chapter focuses on the state of emergency as an all-purpose excuse for doing whatever one believes is right, whether government official, practicing physician, or simply a person wanting to ... More


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