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Full-Text Articles in Jurisprudence
Autonomy, Gideon Parchomovsky, Alex Stein
Autonomy, Gideon Parchomovsky, Alex Stein
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Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers — the choice as to how to go about her life.
Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or, worse, …
The Problem With Consenting To Insider Trading, Leo Katz
The Problem With Consenting To Insider Trading, Leo Katz
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No abstract provided.
Rights-Based Theories Of Accident Law, Gregory J. Hall
Rights-Based Theories Of Accident Law, Gregory J. Hall
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This article shows that extant rights-based theories of accident law contain a gaping hole. They inadequately address the following question: What justifies using community standards to assign accident costs in tort law?
In the United States, the jury determines negligence for accidental harm by asking whether the defendant met the objective reasonable person standard. However, what determines the content of the reasonable person standard is enigmatic. Some tort theorists say that the content is filled out by juries using cost benefit analysis while others say that juries apply community norms and conventions. I demonstrate that what is missing from this …