Naomi E. Chayen, John R. Helliwell, and Edward H. Snell
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199213252
- eISBN:
- 9780191707575
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213252.001.0001
- Subject:
- Physics, Crystallography: Physics
Structural crystallography provides key information to understand the mechanism involved for biological processes. The technique requires high‐quality crystals. The book Macromolecular ...
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Structural crystallography provides key information to understand the mechanism involved for biological processes. The technique requires high‐quality crystals. The book Macromolecular crystallization and crystal perfection covers the techniques to get these high quality crystals and then obtain the best structural data from them. We focus on two areas, the crystal and the diffraction experiment. We briefly address crystallization theory and then focus on practical crystallization strategies discussing screening and optimization. Where high quality crystals are not initially obtained, remediation strategies and alternative approaches are discussed. Diffraction is covered from both the X‐ray and neutron viewpoint. A physical analysis of long and short‐range order is used to explain features seen in the diffraction pattern and the causes of those features. Diffraction disorders are discussed. Factors that cause degradation to the diffraction and strategies to mitigate those factors are addressed. We then address beamline and detector optimization as a means to improve the data quality. Crystallization is still a largely empirical process and our final chapters focus on the use of powder methods, where crystals are small, complementary techniques where we have no crystals at all and what the future holds with the advent of fourth generation X‐ray sources. Overall the book is aimed at both more experienced researchers and graduate students. We aim for it to become a reference work for all researchers in these interdisciplinary subjects on these topics.Less
Structural crystallography provides key information to understand the mechanism involved for biological processes. The technique requires high‐quality crystals. The book Macromolecular crystallization and crystal perfection covers the techniques to get these high quality crystals and then obtain the best structural data from them. We focus on two areas, the crystal and the diffraction experiment. We briefly address crystallization theory and then focus on practical crystallization strategies discussing screening and optimization. Where high quality crystals are not initially obtained, remediation strategies and alternative approaches are discussed. Diffraction is covered from both the X‐ray and neutron viewpoint. A physical analysis of long and short‐range order is used to explain features seen in the diffraction pattern and the causes of those features. Diffraction disorders are discussed. Factors that cause degradation to the diffraction and strategies to mitigate those factors are addressed. We then address beamline and detector optimization as a means to improve the data quality. Crystallization is still a largely empirical process and our final chapters focus on the use of powder methods, where crystals are small, complementary techniques where we have no crystals at all and what the future holds with the advent of fourth generation X‐ray sources. Overall the book is aimed at both more experienced researchers and graduate students. We aim for it to become a reference work for all researchers in these interdisciplinary subjects on these topics.
Helmuth Spieler
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780198527848
- eISBN:
- 9780191713248
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198527848.001.0001
- Subject:
- Physics, Particle Physics / Astrophysics / Cosmology
Semiconductor sensors patterned at the micron scale combined with custom-designed integrated circuits have revolutionized semiconductor radiation detector systems. Designs covering many square meters ...
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Semiconductor sensors patterned at the micron scale combined with custom-designed integrated circuits have revolutionized semiconductor radiation detector systems. Designs covering many square meters with millions of signal channels are now commonplace in high-energy physics and the technology is finding its way into many other fields, ranging from astrophysics to experiments at synchrotron light sources and medical imaging. This book presents a discussion of the many facets of highly integrated semiconductor detector systems, covering sensors, signal processing, transistors, circuits, low-noise electronics, and radiation effects. To lay a basis for the more detailed discussions in the book and aid in understanding how these different elements combine to form functional detector systems, the text includes introductions to semiconductor physics, diodes, detectors, signal formation, transistors, amplifier circuits, electronic noise mechanisms, and signal processing. A chapter on digital electronics includes key elements of analog-to-digital converters and an introduction to digital signal processing. The physics of radiation damage in semiconductor devices is discussed and applied to detectors and electronics. The diversity of design approaches is illustrated in a chapter describing systems in high-energy physics, astronomy, and astrophysics. Finally, a chapter ‘Why things don't work’, discusses common pitfalls, covering interference mechanisms such as power supply noise, microphonics, and shared current paths (‘ground loops’), together with mitigation techniques for pickup noise reduction, both at the circuit and system level. Beginning at a basic level, the book provides a unique introduction to a key area of modern science.Less
Semiconductor sensors patterned at the micron scale combined with custom-designed integrated circuits have revolutionized semiconductor radiation detector systems. Designs covering many square meters with millions of signal channels are now commonplace in high-energy physics and the technology is finding its way into many other fields, ranging from astrophysics to experiments at synchrotron light sources and medical imaging. This book presents a discussion of the many facets of highly integrated semiconductor detector systems, covering sensors, signal processing, transistors, circuits, low-noise electronics, and radiation effects. To lay a basis for the more detailed discussions in the book and aid in understanding how these different elements combine to form functional detector systems, the text includes introductions to semiconductor physics, diodes, detectors, signal formation, transistors, amplifier circuits, electronic noise mechanisms, and signal processing. A chapter on digital electronics includes key elements of analog-to-digital converters and an introduction to digital signal processing. The physics of radiation damage in semiconductor devices is discussed and applied to detectors and electronics. The diversity of design approaches is illustrated in a chapter describing systems in high-energy physics, astronomy, and astrophysics. Finally, a chapter ‘Why things don't work’, discusses common pitfalls, covering interference mechanisms such as power supply noise, microphonics, and shared current paths (‘ground loops’), together with mitigation techniques for pickup noise reduction, both at the circuit and system level. Beginning at a basic level, the book provides a unique introduction to a key area of modern science.
Lisa Tessman
- Published in print:
- 2005
- Published Online:
- October 2005
- ISBN:
- 9780195179149
- eISBN:
- 9780199835782
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195179145.001.0001
- Subject:
- Philosophy, Feminist Philosophy
Lisa Tessman’s Burdened Virtues: Virtue Ethics for Liberatory Struggles engages questions central to feminist theory and practice, from the perspective of Aristotelian ethics. Focused primarily on ...
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Lisa Tessman’s Burdened Virtues: Virtue Ethics for Liberatory Struggles engages questions central to feminist theory and practice, from the perspective of Aristotelian ethics. Focused primarily on selves who endure and resist oppression, the book addresses the ways in which the devastating conditions confronted by these selves both limit and burden their moral goodness, and affect their possibilities for flourishing. The book describes two different forms of “moral trouble” prevalent under oppression. The first is that the oppressed self may be morally damaged, prevented from developing or exercising some of the virtues; the second is that the very conditions of oppression require the oppressed to develop a set of virtues that carry a moral cost to those who practice them, and that are referred to as “burdened virtues.” These virtues have the unusual feature of being disjoined from their bearer’s own well being. It is suggested that eudaimonistic theories should be able to account for virtues of this sort.Less
Lisa Tessman’s Burdened Virtues: Virtue Ethics for Liberatory Struggles engages questions central to feminist theory and practice, from the perspective of Aristotelian ethics. Focused primarily on selves who endure and resist oppression, the book addresses the ways in which the devastating conditions confronted by these selves both limit and burden their moral goodness, and affect their possibilities for flourishing. The book describes two different forms of “moral trouble” prevalent under oppression. The first is that the oppressed self may be morally damaged, prevented from developing or exercising some of the virtues; the second is that the very conditions of oppression require the oppressed to develop a set of virtues that carry a moral cost to those who practice them, and that are referred to as “burdened virtues.” These virtues have the unusual feature of being disjoined from their bearer’s own well being. It is suggested that eudaimonistic theories should be able to account for virtues of this sort.
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 ...
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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 reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. This book explains how law might better serve the social good. In tort law, the book proposes that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, the book shows that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. It recommends several solutions, including a novel contract called “anti-insurance.” In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, the book demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.Less
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 reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. This book explains how law might better serve the social good. In tort law, the book proposes that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, the book shows that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. It recommends several solutions, including a novel contract called “anti-insurance.” In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, the book demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Uwe Steinhoff
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217373
- eISBN:
- 9780191712470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217373.003.0004
- Subject:
- Political Science, Political Theory
Appealing to the doctrine of double effect, just war theorists claim that only the direct and intentional killing of innocents violates their rights, but not the mere acceptance of their killing as a ...
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Appealing to the doctrine of double effect, just war theorists claim that only the direct and intentional killing of innocents violates their rights, but not the mere acceptance of their killing as a side-effect of an attack on a military target. The chapter demonstrates the untenability of this doctrine; but, by way of proportionality considerations, it also rejects the pacifist argument that all modern wars are unjustified because they inevitably kill innocents. Nevertheless, there still remains a morally relevant difference between direct attacks on innocents and foreseeing their death as a side-effect (‘collateral damage’). The difference is explained by consideration of an interaction between the right to take action against aggressors and threats on the one hand, and the principle that individual rights restrict the majority, on the other. The result is that war can be justified as a lesser evil but can never be completely just, for the rights of those innocent people killed as ‘collateral damage’ are indeed violated.Less
Appealing to the doctrine of double effect, just war theorists claim that only the direct and intentional killing of innocents violates their rights, but not the mere acceptance of their killing as a side-effect of an attack on a military target. The chapter demonstrates the untenability of this doctrine; but, by way of proportionality considerations, it also rejects the pacifist argument that all modern wars are unjustified because they inevitably kill innocents. Nevertheless, there still remains a morally relevant difference between direct attacks on innocents and foreseeing their death as a side-effect (‘collateral damage’). The difference is explained by consideration of an interaction between the right to take action against aggressors and threats on the one hand, and the principle that individual rights restrict the majority, on the other. The result is that war can be justified as a lesser evil but can never be completely just, for the rights of those innocent people killed as ‘collateral damage’ are indeed violated.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0008
- Subject:
- Law, Comparative Law
This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ...
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This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With anti-insurance, promisor's liability for breach is 100 percent and promisee's compensation is 0 percent, as required for efficient incentives. The chapter first illustrates how anti-insurance works with a numerical example and considers some factors affecting its scope. It then presents examples of anti-insurance for losses and gains before comparing anti-insurance with other legal devices that give incentives to the promisee without eroding the promisor's incentives; these include mitigation of damages, foreseeability of damages, comparative fault, and liquidated damages. It concludes by explaining why anti-insurance is not available in the market.Less
This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With anti-insurance, promisor's liability for breach is 100 percent and promisee's compensation is 0 percent, as required for efficient incentives. The chapter first illustrates how anti-insurance works with a numerical example and considers some factors affecting its scope. It then presents examples of anti-insurance for losses and gains before comparing anti-insurance with other legal devices that give incentives to the promisee without eroding the promisor's incentives; these include mitigation of damages, foreseeability of damages, comparative fault, and liquidated damages. It concludes by explaining why anti-insurance is not available in the market.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0013
- Subject:
- Law, Comparative Law
This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ...
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This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when setting standards of care and awarding damages. Second, to achieve efficient contracts, the law should respond more to the promisee's incentives for cooperation and reliance. Third, the law should encourage unrequested benefits by making the beneficiaries compensate the benefactors more often, and by reducing the liability of injurers and breaching parties who externalize benefits. In support of these claims, the book has introduced novel principles such as total liability for excessive harm, anti-insurance, decreasing liability contracts, and the public goods theory of restitution. In conclusion, the book proposes three main legal reforms to improve private law in terms of promoting social welfare, such as removing misalignments in tort law or reducing the benefactor's liability for accidents.Less
This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when setting standards of care and awarding damages. Second, to achieve efficient contracts, the law should respond more to the promisee's incentives for cooperation and reliance. Third, the law should encourage unrequested benefits by making the beneficiaries compensate the benefactors more often, and by reducing the liability of injurers and breaching parties who externalize benefits. In support of these claims, the book has introduced novel principles such as total liability for excessive harm, anti-insurance, decreasing liability contracts, and the public goods theory of restitution. In conclusion, the book proposes three main legal reforms to improve private law in terms of promoting social welfare, such as removing misalignments in tort law or reducing the benefactor's liability for accidents.
Stephen Lomber and Jos Eggermont (eds)
- Published in print:
- 2006
- Published Online:
- September 2009
- ISBN:
- 9780198528999
- eISBN:
- 9780191723926
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198528999.001.0001
- Subject:
- Neuroscience, Disorders of the Nervous System
The brain has a remarkable ability to adapt in the event of damage — in many cases shifting responsibility for specific cognitive functions to other non-damaged brain regions. This ‘plasticity’ can ...
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The brain has a remarkable ability to adapt in the event of damage — in many cases shifting responsibility for specific cognitive functions to other non-damaged brain regions. This ‘plasticity’ can be crucial in aiding recovery from stroke, trauma, and peripheral damage such as eye or ear damage. Over the past thirty years our view of cortical plasticity has evolved greatly. Early studies suggested that changes to cortical function due to peripheral lesions could only occur during development and that these plastic changes were specific to a particular temporal window or ‘critical period’. Over time, it has been demonstrated that cortical modifications as a consequence of either peripheral or central lesions can induce adaptive, or beneficial, changes in cortical function in an effort to preserve or enhance function. More recently, studies have identified that many of these adaptive changes, once thought only possible in the developing brain, are also possible in the mature or developed brain. At present, many laboratories are defining the beneficial capabilities of cerebral cortex plasticity, upon which many proactive and therapeutic strategies may be developed in order to maximise the ‘reprogramming’ capabilities of the cerebrum. This book describes these exciting studies and examines adaptive cortical plasticity in a variety of systems (visual, auditory, somatomotor, cross-modal, language, and cognition).Less
The brain has a remarkable ability to adapt in the event of damage — in many cases shifting responsibility for specific cognitive functions to other non-damaged brain regions. This ‘plasticity’ can be crucial in aiding recovery from stroke, trauma, and peripheral damage such as eye or ear damage. Over the past thirty years our view of cortical plasticity has evolved greatly. Early studies suggested that changes to cortical function due to peripheral lesions could only occur during development and that these plastic changes were specific to a particular temporal window or ‘critical period’. Over time, it has been demonstrated that cortical modifications as a consequence of either peripheral or central lesions can induce adaptive, or beneficial, changes in cortical function in an effort to preserve or enhance function. More recently, studies have identified that many of these adaptive changes, once thought only possible in the developing brain, are also possible in the mature or developed brain. At present, many laboratories are defining the beneficial capabilities of cerebral cortex plasticity, upon which many proactive and therapeutic strategies may be developed in order to maximise the ‘reprogramming’ capabilities of the cerebrum. This book describes these exciting studies and examines adaptive cortical plasticity in a variety of systems (visual, auditory, somatomotor, cross-modal, language, and cognition).
Tim Lang, David Barling, and Martin Caraher
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780198567882
- eISBN:
- 9780191724121
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198567882.001.0001
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive ...
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For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive capacity which would resolve humanity's food-related health and welfare problems. It assumed that more food would yield greater health and happiness by driving down prices, increasing availability, and feeding more mouths. In the 21st century, this policy mix is quietly becoming unstuck. In a world marred by obesity alongside malnutrition, climate change alongside fuel and energy crises, water stress alongside more mouths to feed, and social inequalities alongside unprecedented accumulation of wealth, the old rubric of food policy needs re-evaluation. This book explores the enormity of what the new policy mix must address, taking the approach that food policy must be inextricably linked with public health, environmental damage, and social inequalities to be effective. This book reflects the myriad of perspectives essential to a comprehensive view of modern food policy. It attempts to make sense of what is meant by food policy; explores whether the term has any currency in current policy discourse; assesses whether current policies help or hinder what happens; judges whether consensus can triumph in the face of competing bids for understanding; looks at all levels of governance, across the range of actors in the food system, from companies and the state to civil society and science; considers what direction food policies are taking, not just in the UK but internationally; assesses who (and what) gains or loses in the making of these food policies; and identifies a modern framework for judging how good or limited processes of policy-making are.Less
For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive capacity which would resolve humanity's food-related health and welfare problems. It assumed that more food would yield greater health and happiness by driving down prices, increasing availability, and feeding more mouths. In the 21st century, this policy mix is quietly becoming unstuck. In a world marred by obesity alongside malnutrition, climate change alongside fuel and energy crises, water stress alongside more mouths to feed, and social inequalities alongside unprecedented accumulation of wealth, the old rubric of food policy needs re-evaluation. This book explores the enormity of what the new policy mix must address, taking the approach that food policy must be inextricably linked with public health, environmental damage, and social inequalities to be effective. This book reflects the myriad of perspectives essential to a comprehensive view of modern food policy. It attempts to make sense of what is meant by food policy; explores whether the term has any currency in current policy discourse; assesses whether current policies help or hinder what happens; judges whether consensus can triumph in the face of competing bids for understanding; looks at all levels of governance, across the range of actors in the food system, from companies and the state to civil society and science; considers what direction food policies are taking, not just in the UK but internationally; assesses who (and what) gains or loses in the making of these food policies; and identifies a modern framework for judging how good or limited processes of policy-making are.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0001
- Subject:
- Law, Comparative Law
This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. ...
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This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. It considers the two pervasive rules of tort law that provide incentives for actors to reduce accident costs: strict liability and negligence. It also explains how contract law achieves effiency through the remedy of damages and how restitution law allows benefactors to recover gains that their beneficiaries wrongfully obtained from them. The book makes three central claims: misalignments in tort law should be removed; in contract law, promisee's incentives should be improved; and the law should recognize some right of compensation for those who produce unrequested benefits. Each claim is based on the desire to reform private law and to make it more effective in promoting social welfare.Less
This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. It considers the two pervasive rules of tort law that provide incentives for actors to reduce accident costs: strict liability and negligence. It also explains how contract law achieves effiency through the remedy of damages and how restitution law allows benefactors to recover gains that their beneficiaries wrongfully obtained from them. The book makes three central claims: misalignments in tort law should be removed; in contract law, promisee's incentives should be improved; and the law should recognize some right of compensation for those who produce unrequested benefits. Each claim is based on the desire to reform private law and to make it more effective in promoting social welfare.
Robert D. Cooter and Ariel Porat
- 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 ...
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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 sanctions before discussing the discontinuity problem in tort law and contract law. It then examines how, under negligence law, an injurer who fails to satisfy the standard of care is liable for the harm caused by his negligence and how courts impose liability on the slightly negligent injurer for all harms caused by his behavior. It also explores how discontinuity in liability under negligence law creates misalignments that may result in overdeterrence or underdeterrence. The chapter concludes by suggesting how these misalignments could be mitigated.Less
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 sanctions before discussing the discontinuity problem in tort law and contract law. It then examines how, under negligence law, an injurer who fails to satisfy the standard of care is liable for the harm caused by his negligence and how courts impose liability on the slightly negligent injurer for all harms caused by his behavior. It also explores how discontinuity in liability under negligence law creates misalignments that may result in overdeterrence or underdeterrence. The chapter concludes by suggesting how these misalignments could be mitigated.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0011
- Subject:
- Law, Comparative Law
This chapter introduces the general theory of liability externalities and applies it to mandatory choices. “Liability externality” refers to costs and benefits conveyed to others that market prices ...
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This chapter introduces the general theory of liability externalities and applies it to mandatory choices. “Liability externality” refers to costs and benefits conveyed to others that market prices do not capture and liability law does not correct. In these circumstances, adjusting liability can improve incentives. The contrast between doctoring and driving illustrates the difference between actual and ideal law. According to actual law, a doctor who negligently breaks a patient's leg has the same liability as a driver who negligently breaks a pedestrian's leg. Ideally, however, the doctor's liability should be less than the driver's liability. The chapter considers suitable circumstances for applying the general theory of liability externalities, given limited information available to courts. It also discusses disgorgement damages for risk of accidents and the equalization principle, which states that the difference in expected social harm between mandatory alternatives should equal the difference in the actor's liability.Less
This chapter introduces the general theory of liability externalities and applies it to mandatory choices. “Liability externality” refers to costs and benefits conveyed to others that market prices do not capture and liability law does not correct. In these circumstances, adjusting liability can improve incentives. The contrast between doctoring and driving illustrates the difference between actual and ideal law. According to actual law, a doctor who negligently breaks a patient's leg has the same liability as a driver who negligently breaks a pedestrian's leg. Ideally, however, the doctor's liability should be less than the driver's liability. The chapter considers suitable circumstances for applying the general theory of liability externalities, given limited information available to courts. It also discusses disgorgement damages for risk of accidents and the equalization principle, which states that the difference in expected social harm between mandatory alternatives should equal the difference in the actor's liability.
Robert D. Cooter and Ariel Porat
- 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 ...
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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 nonlegal sanctions transfer or create value. It then presents theoretical arguments about victims' incentives before making the case for deducting nonlegal sanctions and explaining how this affects legal standards of care and damages. It also describes three elements of social costs and benefits and whether each is internalized by wrongdoers: plaintiff's harm from the wrong, defendant's harm from the nonlegal sanctions, and other peoples' benefit from the nonlegal sanctions. The chapter introduces the notion of “ideal net damages,” which it asserts should be awarded by courts in the typical case where nonlegal sanctions benefit other people, and “practical net damages,” suggesting that courts must deduct the burden of the nonlegal sanction on the wrongdoer.Less
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 nonlegal sanctions transfer or create value. It then presents theoretical arguments about victims' incentives before making the case for deducting nonlegal sanctions and explaining how this affects legal standards of care and damages. It also describes three elements of social costs and benefits and whether each is internalized by wrongdoers: plaintiff's harm from the wrong, defendant's harm from the nonlegal sanctions, and other peoples' benefit from the nonlegal sanctions. The chapter introduces the notion of “ideal net damages,” which it asserts should be awarded by courts in the typical case where nonlegal sanctions benefit other people, and “practical net damages,” suggesting that courts must deduct the burden of the nonlegal sanction on the wrongdoer.
F. M. Kamm
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199608782
- eISBN:
- 9780191729577
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608782.001.0001
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
This is a book of three philosophical chapters on aspects of terrorism, torture, and war. It relates issues in ethical theory to practical ethics. The chapter on torture considers views about what ...
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This is a book of three philosophical chapters on aspects of terrorism, torture, and war. It relates issues in ethical theory to practical ethics. The chapter on torture considers views about what torture is and the various occasions on which it could occur in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. The discussion of terrorism examines whether it is the intention to harm civilians rather than harm to them being “collateral damage” that makes terrorism distinctively wrong, what else might make it wrong, and whether it is always wrong. The third chapter first discusses whether having a right reason, in the sense of a right intention, is necessary in order for starting war to be just. It then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods war can bring about, so as to make starting war permissible.Less
This is a book of three philosophical chapters on aspects of terrorism, torture, and war. It relates issues in ethical theory to practical ethics. The chapter on torture considers views about what torture is and the various occasions on which it could occur in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. The discussion of terrorism examines whether it is the intention to harm civilians rather than harm to them being “collateral damage” that makes terrorism distinctively wrong, what else might make it wrong, and whether it is always wrong. The third chapter first discusses whether having a right reason, in the sense of a right intention, is necessary in order for starting war to be just. It then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods war can bring about, so as to make starting war permissible.
Kenneth H. Craik
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195330922
- eISBN:
- 9780199868292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195330922.003.0006
- Subject:
- Psychology, Social Psychology
Chapter 6 considers the person as both agent and resultant of reputation. The person seeks to convey a particular social image to others while using feedback from others as a source of ...
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Chapter 6 considers the person as both agent and resultant of reputation. The person seeks to convey a particular social image to others while using feedback from others as a source of self-knowledge. General renown and approbation are seen as sources of social acceptance and social capital within a person’s community. This chapter examines the craft wisdom to be found in the professional realm of reputation management that is increasingly available to public figures, celebrities, and corporations. Publicity agencies offer proactive services to mold, circulate, and protect public visibility and image. False assertions may threaten our reputation, but we might also actually engage in undeniably disreputable conduct. For either case, a guild of specialists is ready to come to the rescue and provide reputation damage control.Less
Chapter 6 considers the person as both agent and resultant of reputation. The person seeks to convey a particular social image to others while using feedback from others as a source of self-knowledge. General renown and approbation are seen as sources of social acceptance and social capital within a person’s community. This chapter examines the craft wisdom to be found in the professional realm of reputation management that is increasingly available to public figures, celebrities, and corporations. Publicity agencies offer proactive services to mold, circulate, and protect public visibility and image. False assertions may threaten our reputation, but we might also actually engage in undeniably disreputable conduct. For either case, a guild of specialists is ready to come to the rescue and provide reputation damage control.
Borzu Sabahi
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199601189
- eISBN:
- 9780191729201
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199601189.001.0001
- Subject:
- Law, Public International Law, Company and Commercial Law
This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles ...
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This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.Less
This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.
James Edelman
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199206551
- eISBN:
- 9780191705397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206551.003.0009
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize ...
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The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize the distinction Peter drew in his book on the subject between restitutionary damages and disgorgement damages; but that a ‘rights-based’ measure of compensatory damages, which has been applied in many non-commercial wrongs cases, will normally render restitutionary damages superfluous.Less
The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize the distinction Peter drew in his book on the subject between restitutionary damages and disgorgement damages; but that a ‘rights-based’ measure of compensatory damages, which has been applied in many non-commercial wrongs cases, will normally render restitutionary damages superfluous.
Lawrence Weiskrantz
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198524588
- eISBN:
- 9780191689222
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198524588.001.0001
- Subject:
- Psychology, Cognitive Psychology
The phenomenon of ‘consciousness’ is intrinsically related to one’s awareness of one’s self, of time, and of the physical world. What, then, can be learned about consciousness from people who have ...
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The phenomenon of ‘consciousness’ is intrinsically related to one’s awareness of one’s self, of time, and of the physical world. What, then, can be learned about consciousness from people who have suffered brain damage, such as amnesia, which affects their awareness? The author of this book is a neuropsychologist who has worked with such patients over a period of thirty years. This book begins with a review of some of the conditions in which brain-damaged patients can be said to have lost awareness of a retained capacity, followed by a discussion of some of the general issues that are pertinent to neuropsychological analysis.Less
The phenomenon of ‘consciousness’ is intrinsically related to one’s awareness of one’s self, of time, and of the physical world. What, then, can be learned about consciousness from people who have suffered brain damage, such as amnesia, which affects their awareness? The author of this book is a neuropsychologist who has worked with such patients over a period of thirty years. This book begins with a review of some of the conditions in which brain-damaged patients can be said to have lost awareness of a retained capacity, followed by a discussion of some of the general issues that are pertinent to neuropsychological analysis.
Hans-Otto Karnath, A. David Milner, and Giuseppe Vallar (eds)
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198508335
- eISBN:
- 9780191687327
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198508335.001.0001
- Subject:
- Psychology, Neuropsychology
Spatial neglect is a disorder of space-related behaviour. It is characterized by failure to explore the side of space contralateral to a brain lesion, or to react or respond to stimuli or subjects ...
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Spatial neglect is a disorder of space-related behaviour. It is characterized by failure to explore the side of space contralateral to a brain lesion, or to react or respond to stimuli or subjects located on this side. Research on spatial neglect and related disorders has developed rapidly in recent years. These advances have been made as a result of neuropsychological studies of patients with brain damage and behavioural studies of animal models, as well as through functional neurophysiological experiments and functional neuroimaging. This book provides an overview of this wide-ranging field, providing a cohesive synthesis of the most recent observations and results. The study of spatial neglect helps us to understand normal mechanisms of directing and maintaining spatial attention and is relevant to the contemporary search for the cerebral correlates of conscious experience, voluntary action and the nature of personal identity itself. The book is divided into seven sections covering the anatomical and neurophysiological bases of the disorder, frameworks of neglect, perceptual and motor factors, the relation to attention, the cognitive processes involved, and strategies for rehabilitation.Less
Spatial neglect is a disorder of space-related behaviour. It is characterized by failure to explore the side of space contralateral to a brain lesion, or to react or respond to stimuli or subjects located on this side. Research on spatial neglect and related disorders has developed rapidly in recent years. These advances have been made as a result of neuropsychological studies of patients with brain damage and behavioural studies of animal models, as well as through functional neurophysiological experiments and functional neuroimaging. This book provides an overview of this wide-ranging field, providing a cohesive synthesis of the most recent observations and results. The study of spatial neglect helps us to understand normal mechanisms of directing and maintaining spatial attention and is relevant to the contemporary search for the cerebral correlates of conscious experience, voluntary action and the nature of personal identity itself. The book is divided into seven sections covering the anatomical and neurophysiological bases of the disorder, frameworks of neglect, perceptual and motor factors, the relation to attention, the cognitive processes involved, and strategies for rehabilitation.
Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0011
- Subject:
- Law, Legal History
This chapter begins with a discussion of the expanding concept of larceny in the 19th century, covering the doctrinal limitation of possession, capturing larceny's dishonesty element, and the scope ...
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This chapter begins with a discussion of the expanding concept of larceny in the 19th century, covering the doctrinal limitation of possession, capturing larceny's dishonesty element, and the scope of larceny. It then considers common law's criminalization of ‘malicious’ interference with property rights, which was generally far more reticent and limited than in larceny and other forms of dishonesty.Less
This chapter begins with a discussion of the expanding concept of larceny in the 19th century, covering the doctrinal limitation of possession, capturing larceny's dishonesty element, and the scope of larceny. It then considers common law's criminalization of ‘malicious’ interference with property rights, which was generally far more reticent and limited than in larceny and other forms of dishonesty.
