LAW 534 Lecture 3: Lecture 3
17 Apr 2015
School
Department
Course
Professor
Document Summary
Required in areas where values are fundamental such as individual privacy in a dwelling house, human health and safety. Disabled persons may not have the resources to enforce their rights in an ex post world disabled persons = invisible harm. Rapid technological change: prior approval may lag behind technological progress. Regulatory offences follow expost system regulation of statute sets standard, if breached, then one can be prosecuted after the fact. Precautional principle > harm to human health and safety. Precise method: smokestack must be 40 feet high if someone chooses to build smokestack. Precise goals in legislation: emission levels: here are the goals, how you go about it is your business. General prohibition: you shall not impair the environment. The company was investing in garbage containers, though speculative mining claims. Different levels of risk in garbage containers v. mining claims. Rule based system not as comprehensive of principle based system.
