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Full-Text Articles in Philosophy

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler Jan 2004

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

All Faculty Scholarship

Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …


A Framework For Assessing The Rationality Of Judgments In Carcinogenicity Hazard Identification, Douglas J. Crawford-Brown, Kenneth G. Brown Sep 1997

A Framework For Assessing The Rationality Of Judgments In Carcinogenicity Hazard Identification, Douglas J. Crawford-Brown, Kenneth G. Brown

RISK: Health, Safety & Environment (1990-2002)

Arguing that guidelines for identifying carcinogens now lack a philosophically rigorous framework, the authors present an alternative that draws clear attention to the process of reasoning towards judgments of carcinogenicity.


On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

All Faculty Scholarship

No abstract provided.