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Subject: 
Re: Gotta love Oracle...
Newsgroups: 
lugnet.off-topic.debate
Date: 
Wed, 24 Oct 2001 15:59:23 GMT
Viewed: 
763 times
  
Requiring a license does improve safety (though not perfectly).

You haven't demonstrated that to my satisfaction.

Well, I may not be able to ...

True, it just sets a minimum standard [1].

Minimum standards tend to become maximum standards in a regulatory
environment.

Not if the interest to conform to the minimum standard is complemented by
additional interest to do even better.

This is at least sensible, because some
people don't exercise personal responsibility in the way they should.

There are other, better, mechanisms for changing this behaviour than
regulations. Regulations give a shield to hide behind when things go awry...
"but our security process complied with federal regulation" that isn't there
under Tort law.

I never intended to *replace* tort law by regulations. I always thought of
them as complementary. Obviously, should have been more explicit on that.

If the president of Delta Airlines knew that his malfeasance might result in
the entire airline going bankrupt, loss of his personal fortune, and his
incarceration in jail (all possible under strict liability, not possible in
our current shielded system) his actions would be much much different, to
our great benefit. He's not stupid.

But still, in extreme cases, the company will have paid only a fraction of
its actual liability, unless there is, again, a regulation. A regulation
that requires the company to be insured against damage it may do to others.

So, yes, part of the problem is that companies are shielded from their
liabilities (the larger they are, the more this seems to be true. But that's
only half of the picture.

:wq

Horst (who is a bit behind in reading news ...)



Message has 1 Reply:
  Re: Gotta love Oracle...
 
(...) Thank you. (...) There is no market incentive to do so, though, given the regulatory shield. (...) Intent notwithstanding, this nevertheless tends to be the outcome. (...) You're starting in the middle. The company would never be allowed (by (...) (23 years ago, 24-Oct-01, to lugnet.off-topic.debate)

Message is in Reply To:
  Re: Gotta love Oracle...
 
(...) You haven't demonstrated that to my satisfaction. (...) Minimum standards tend to become maximum standards in a regulatory environment. (...) There are other, better, mechanisms for changing this behaviour than regulations. Regulations give a (...) (23 years ago, 11-Oct-01, to lugnet.off-topic.debate)

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