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Record W3121439469 · doi:10.1093/jleo/ews002

Legal Liability when Individuals Have Moral Concerns

2012· article· en· W3121439469 on OpenAlexaff
Bruno Deffains, Claude Fluet

Bibliographic record

VenueThe Journal of Law Economics and Organization · 2012
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicLaw, Economics, and Judicial Systems
Canadian institutionsUniversité du Québec à Montréal
Fundersnot available
KeywordsHarmSanctionsLiabilityIncentiveStrict liabilityTortEnforcementCrowdsBusinessNormativeLaw and economicsCrowding outLegal liabilityPlaintiffCrowdingPolitical scienceLawEconomicsPsychologyComputer securityMicroeconomics

Abstract

fetched live from OpenAlex

We incorporate normative motivations into the unilateral precaution model of tort. Individuals have moral concerns about causing harm and would like others to believe that they do. In the absence of legal liability, causing harm suggests low concerns and is therefore damaging to one's social image, which feeds back into incentives to take precautions. These nevertheless remain suboptimal when informal motivations are not strong enough for injurers to willingly compensate victims ex post. By contrast, perfectly enforced legal liability crowds out informal motivations completely (e.g., tortfeasors suffer no disesteem) but precautions are then efficient. Under imperfect enforcement, informal motivations and legal sanctions complement one another. With strict liability, individuals held liable suffer disesteem, there is some motivational crowding-out but no net crowding-out with respect to overall incentives. Under the negligence rule, there is motivational crowding-in when image concerns induce bunching on the legal due care standard.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.013
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.008
Threshold uncertainty score0.026

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.013
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.000
Science and technology studies0.0020.004
Scholarly communication0.0030.004
Open science0.0010.004
Research integrity0.0040.003
Insufficient payload (model declined to judge)0.0080.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.034
GPT teacher head0.217
Teacher spread0.183 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations31
Published2012
Admission routes1
Has abstractyes

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