Liability for Harm versus Regulation of Safety.¶
Shavell, S. (1984). Liability for Harm versus Regulation of Safety. Journal of Legal Studies, 357-374.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Law of Conservation of Complexity
- In regulation and public policy, form simplicity trades against agency-adjudication burden, pre-clearance against ex-post enforcement, product-safety standards against tort litigation.
This sourceAnalyzes ex ante regulation versus ex post liability as alternative ways to allocate the burden of controlling accident risk, with the choice turning on information, frequency, magnitude of harm, and administrative cost — supporting the regulatory pre-clearance-versus-ex-post-enforcement allocation and the high-frequency-low-stakes / low-frequency-high-stakes diagnostic.
- In regulation and public policy, form simplicity trades against agency-adjudication burden, pre-clearance against ex-post enforcement, product-safety standards against tort litigation.
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