Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper Apr 2016

Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper

Librarian Scholarship at Penn Law

Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.

This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …


Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall Dec 2015

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall

Brian M McCall

Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature.  Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny?  If such a power to bind to laws made by humans is justified, what is its scope?  The answers to these related questions explored in this Article are both descriptive and normative.  This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …