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Book
Precaution incentives in accident settings
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ISBN: 9783834981271 3834912921 9783834912923 3834981273 Year: 2008 Publisher: Wiesbaden : Gabler,

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Abstract

One central function of tort law is the inducement of precaution incentives. This is particularly welcome in settings in which the internalization of interdependencies between individuals relating to care and expected harm would otherwise not take effect due to high transaction costs broadly conceived, accident settings being a prime example. Tim Friehe analyzes important aspects for the design of tort law which intends to induce optimal individual choices and possible limitations of workable tort law in varied settings. Incentives to take precaution, which affect the accident probability and/or the magnitude of the harm in the event of an accident, are of primary interest in this context. After providing an extensive review of the literature relating to the economic analysis of tort law, the author goes on to discuss the consequences of victims with different harm levels. In particular, using average harm as a compensation measure in order to save administrative costs is considered and a scheme to make the revelation of the individual harm level incentive-compatible is devised. Furthermore, the book contributes to the ongoing discussion on the effects of judgment proofness and the distinction between unilateral harm and bilateral harm accidents. Finally, the author highlights the consequences of the consideration of hitherto neglected behavioral dimensions for the conclusions of the economic analysis of tort law.


Book
European Business Ethics Casebook
Authors: --- --- ---
ISBN: 9789048189656 9789048189663 9048189659 9786613085641 9048189667 128308564X Year: 2011 Publisher: Dordrecht Springer Netherlands

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Business cases are at the heart of business ethics as a discipline. Analysis and reflection on the morality of business often is triggered by concrete cases. After four introductory chapters into recent developments within business ethics and the value of case analysis, the present volume offers extensive description of eight recent European cases, mainly stemming from The Netherlands and Belgium and all of them with a clear moral impact. Among them are the Lernout and Hauspie speech technology disaster, Heineken struggle with the promotion girls selling beer in Cambodia, cartels in the Dutch construction industry,  the pharmaceutical industry and the Aids crisis, and Unilever allegedly making use of child labour in the cotton industry in India. The book will be of interest to researchers as well as teachers of undergraduate and graduate courses in Business Ethics, Business in Society, Management and Organisation Theory and Strategic Management. It will also be useful for business practitioners eager to learn about business ethics by means of cases.


Book
Efficiency instead of justice? : searching for the philosophical foundations of the economic analysis of law
Authors: ---
ISBN: 1282047892 9786612047893 1402097980 1402097972 9048182034 9781402097973 9781402097980 9789048182039 Year: 2009 Publisher: [New York] : Springer,

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Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law. "Mathis gives a succinct and lucid presentation of the economic theory of law, and of the problems associated with its application as a normative theory in law. At the same time, he rightly draws attention to the advantages associated with this approach, and provides a helpful and thoroughly ambitious introduction to its fundamental principles." Prof. Dr. Jan-R. Sieckmann, Archives for Philosophy of Law and Social Philosophy (ARSP), Vol. 91/2 (2006).


Book
Patent Law for Computer Scientists
Authors: --- --- --- ---
ISBN: 9783642050787 9783642050770 3642050778 3642426298 3642050786 9786612836206 128283620X Year: 2010 Publisher: Berlin, Heidelberg Springer Berlin Heidelberg

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Patent laws are different in many countries, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices in the US (USPTO), Japan (JPO) and Europe (EPO). The authors start with a thorough introduction to patent laws and practices, and to related intellectual property rights, also explaining the procedures at the USPTO, JPO and EPO, and, in particular, the peculiarities in the treatment of applications centring on software or computers. Based on this theoretical description they then present, in a very structured way, a comprehensive set of case studies from differing areas including business methods, databases, graphical user interfaces and digital rights management. Each set starts with a short description and claim for the "invention", explains a patent examiner’s likely arguments, then eventually refines step by step to avoid basic reservations against the content. All of these case studies are based on real-world examples, and will thus give an inexperienced developer a strong sense of the level of technical detail and description that should be provided. Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic backgrounds in physics, electronics engineering and computer science, they know both the legal and the technological subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner’s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application.

Keywords

Computer Science. --- Legal Aspects of Computing. --- Commercial Law. --- Law and Economics. --- Computers and Society. --- Computer science. --- Computers --- Commercial law. --- Informatique --- Ordinateurs --- Droit commercial --- Law and legislation. --- Droit --- Computer science --- Law and legislation --- Computers_xLaw and legislation. --- Patent laws and legislation --- Computer software --- Computer programs --- Law, General & Comparative --- Computer Science --- Law, Politics & Government --- Engineering & Applied Sciences --- Patents --- Patent laws and legislation. --- Law, Patent --- Scientific property --- Computers and civilization. --- Computers. --- Law and economics. --- Industrial laws and legislation --- Industrial property --- Trade regulation --- Copyright --- Informatics --- Science --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Cyberspace --- Civilization and computers --- Civilization --- Automatic computers --- Automatic data processors --- Computer hardware --- Computing machines (Computers) --- Electronic brains --- Electronic calculating-machines --- Electronic computers --- Hardware, Computer --- Computer systems --- Cybernetics --- Machine theory --- Calculators --- Computers - Law and legislation --- Computers - Law and legislation - Japan --- Computers - Law and legislation - United States --- Computers - Law and legislation - Europe --- Computer science - Law and legislation

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