LWSO 2000 Chapter Notes -Risk Neutral, Enforcement Authority

• School: Memorial University
• Department: Law and Society
• Course: LWSO 2000
• Professor: Robynn Arnold

Document Summary

Section i, i suggest a break with standard theoretical approaches, Section ii, i relate this discourse model to social-structural considerations. Section iii, i identify three major strands of needs-talk section iv, In the paper she covers the following points. The officially recognized idioms in which one can press claims; for example, needs-talk, rights-talk, and interests-talk. The vocabularies available for instantiating claims in these recognized idioms; thus, with respect to needs-talk, what are the vocabularies. Talking about needs: interpretative contests as political conflict in welfare-state societies. Socio-economic factors to determine legislation and arbitration of fines and punishments of criminal and civil law. Fault based liability may be preferable to strict liability when individuals are risk-averse as they can accomplish the desired effect. Strict liability is easier to administer as authority need only determine harm whereas in the aforementioned liability must. Few enforcement actions will result using fault based liability saving costs in enforcement.