Law Commons^™

Comment On The Tort/Crime Distinction: A Generation Later, Michael C. Harper

Faculty Scholarship

Perhaps unsurprisingly, Professor Epstein has used the occasion of this Symposium to again voice his disapproval of the modern regulatory state.' Those of you who know me will not be surprised to hear that I disagree with the bald assertions and assumptions he makes concerning that issue. In my view, compelling reasons justify the kinds of environmental and, at least in the absence of pervasive independent employee collective representation at the work place, worker safety laws attacked by Professor Epstein.² However, I will refrain from compounding the diversion by engaging Professor Epstein on these normative issues.

Instead, I will …

Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks

Faculty Scholarship

In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …