The Regulation of Ultrahazardous Activities
Q&A Radio: 25 January 2015, Question 1
I answered a question on the regulation of ultrahazardous activities on 25 January 2015. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Would the government of a free society issue bans or otherwise regulate activities dangerous to bystanders? At the turn of the 20th century it was common to use cyanide gas to fumigate buildings. Although it was well-known that cyanide gas was extremely poisonous and alternatives were available, its use continued and resulted in a number of accidental deaths due to the gas traveling through cracks in walls and even in plumbing. With the development of better toxicology practices, these deaths were more frequently recognized for what they were and at the end of summer in 1825 the NYC government banned its use. In this and other situations, it was recognized that the substance in question was extremely poisonous and could only be handled with the most extreme care – care that was rarely demonstrated. The question is this: Should the government step in and ban the substance from general use or should it simply stand by and wait for people to die and prosecute the users for manslaughter? Or is there another option?
My Answer, In Brief: Ultrahazardous activities should be subjected to a standard of strict liability in tort law, rather than the negligence standard used in other cases. If a negligence standard were used, that would allow businesses who engage in ultrahazardous activities to privatize profits and socialize costs.
- Duration: 47:07
- Download: MP3 Segment (16.2 MB)
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I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.
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