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RonMazorFirstPaper 3 - 20 Feb 2010 - Main.RonMazor
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | Theoretically, your almost-effective shooting range excuses you from liability. Because you tried to make it safe, and "reasonable" people would agree that it would usually be safe, Little Timmy is not be able to recover from you. He has to swallow the cost of his injury so you can enjoy your "right" to build a shooting range. He pays a leg, and you get to enjoy your freedom to participate in semi-dangerous behavior with impunity. In essence, our society has decided it is better shift the costs to the random injured individual than to stifle free enterprise with the occasional award of monetary damages.
Damage without compensation is a bad way to conduct tort law | |
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< | At its most elemental level, law is meant to provide means of redress for grievances, so as to avoid people taking private revenge. An injury creates a cause for revenge. By not compensating it, we are leaving injured parties to suffer while the perpetrator of the injury is excused for having taken a reasonable, but not sufficient, level of precautions. Every time negligence excuses a harm, the law perpetrates injustice. | >
> | At its most elemental level, law is meant to provide means of redress for grievances, so as to avoid people taking private revenge. An injury creates a cause for revenge. By not compensating it, we are leaving injured parties to suffer. Every time negligence excuses a harm, the law perpetrates injustice. | | | Ironically, such a barbarity is only possible in civilized society. Some time ago in the mythic past, the law and the private citizen struck a bargain. The private citizen would cease his vendettas and vigilantism, ceding "police powers" and law enforcement to a centralized authority, and in return, the law would make sure that the private citizens' traditional grievances would not go unpunished. Few grievances are more traditional than getting injured, and the law, since ancient times, has resolved such disputes through compensation. The private citizen trusts the law to protect his person. For the law to create a loophole based on reasonable effort is to leave the private citizen hanging in the wind, with no way of mitigating an unexpected, and certainly unmerited, calamity. |
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| Revision 3 | r3 - 20 Feb 2010 - 04:33:29 - RonMazor |
| Revision 2 | r2 - 20 Feb 2010 - 04:31:07 - RonMazor |
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