A Puzzle About Risk and Compensation

Citation:

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

Abstract:

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