A Puzzle About Risk and Compensation


Frick, Johann. “A Puzzle About Risk and Compensation”. (Working Papers). Print.


This paper discusses principles for the compensation of harms that were caused by impermissible risky actions, as they feature, for instance, in tort law. I argue for an impossibility result that holds for all systems of compensation in which the victim of a tortuous harm is compensated directly by the tort feasor. In any such system, I argue, it will be impossible to simultaneously satisfy three intuitively plausible desiderata of horizontal equity.

Last updated on 09/16/2017