Climate Uncertainty, Real Possibilities and the Precautionary Principle

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, or de minimis requirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous about the distinction between risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not the de minimis requirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative—cost–benefit analysis—does not deliver.

Climate Uncertainty, Real Possibilities and the Precautionary Principle

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, or de minimis requirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous about the distinction between risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not the de minimis requirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative – cost-benefit analysis – does not deliver.

What Is Harming?

A complete theory of harming must have both a substantive component and a formal component. The substantive component, which Victor Tadros calls the ‘currency’ of harm, tells us what I interfere with when I harm you. The formal component, which Tadros calls the ‘measure’ of harm, tells us how the harm to you is related to my action. This chapter surveys the literature on both the currency and the measure of harm. It argues that the currency of harm is well-being and that the measure of harming is best captured by a causal account on which harming is causing a harm. A harm for you is the presence of something intrinsically bad for you or the absence of something intrinsically good for you. Thus, although a counterfactual account of the measure of harm need not distinguish between a harm and a harmful event, the causal account reserves the term ‘harm’, not for a harmful event, but only for its effect. Finally, the chapter shows how a complete theory of harming can help us to answer questions about whether we can harm people with speech, whether we can harm the dead, and how it is possible to harm future generations.

Mauritian Tort Law

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

Having the Spirit of Christ

The earliest Christian writings are filled with stories of spirit possession and exorcism, which were crucial for the activity of the historical Jesus and for the practice of his earliest followers. Possession, besides being a harmful event that should be exorcized, can also have a positive role in many cultures. Often it helps individuals and groups to reflect on and reshape their identity, to plan their moral actions, and to remember in a most vivid way their past. This book illustrates some of the major ways in which a critical aspect of spirit possession can emerge in texts of the early Christ movement. It begins with a reading of some well-known texts in the light of a more sophisticated notion of spirit possession, which emphasizes the cultural and religious productivity inscribed in it as well as the significance of its performative nature. The book continues by looking at the fundamental role played by spirit possession in the religious experience of Paul and of his Christ groups, and the social and ethical functions of the religious experience of possession in the Pauline groups. In conclusion, when reviewing insights drawn from anthropological literature, the book attempts to treat the “spirits” involved in cases of possession seriously and not merely as mythical and metaphorical representations.

Fixation-pattern similarity analysis reveals adaptive changes in face-viewing strategies following aversive learning

Animals can effortlessly adapt their behavior by generalizing from past aversive experiences, allowing to avoid harm in novel situations. We studied how visual information was sampled by eye-movements during this process called fear generalization, using faces organized along a circular two-dimensional perceptual continuum. During learning, one face was conditioned to predict a harmful event, whereas the most dissimilar face stayed neutral. This introduced an adversity gradient along one specific dimension, while the other, unspecific dimension was defined solely by perceptual similarity. Aversive learning changed scanning patterns selectively along the adversity-related dimension, but not the orthogonal dimension. This effect was mainly located within the eye region of faces. Our results provide evidence for adaptive changes in viewing strategies of faces following aversive learning. This is compatible with the view that these changes serve to sample information in a way that allows discriminating between safe and adverse for a better threat prediction.

24. Enforcement

This chapter looks into preliminary aspect of private international law, focusing on jurisdiction and choice of law. Before enforcement actions can get off the ground we need to know which court will have jurisdiction and which law that court will apply. Jurisdiction is based on the domicile of the defendant as a basic rule, but alternative fora are available. The courts of the place of the harmful event may also have jurisdiction and there are special rules for multiple defendant cases. Validity cases are subject to exclusive jurisdiction rules. In terms of choice of law, the law of the country for which protection is sought takes centre stage when it comes to IP. It is the law applicable to the IP right as such and it also applies to infringement.

Derivative culpability

I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.

Long-term depression following stressful life events: feeling ‘worthless’ shows the slowest recovery

This paper uses a UK panel study dataset, to investigate effects of stressful ‘life events’ on mental health. Various events – including poverty, unemployment, and illness – increase the risk of depression. There may be delayed effects of a stressful event: many people experience a slow recovery from depression. This paper reports evidence that in ‘General Health Questionnaire’ GHQ-12, feeling ‘worthless’ shows the slowest recovery after a harmful event: up to about nine years. Evidence in this paper is reported as charts, showing gradual recovery from traumatic events; and regression analysis. These charts are broadly consistent with regression results. Keywords: Depression; life events; slow recovery; GHQ-12; worthlessness

La responsabilidad extracontractual por ilícitos antitrust en Europa. Comentario del auto del Juzgado de lo Mercantil de Madrid, de 23 mayo 2018 = The non-contractual liability from European antitrust law infringements. Commentary ofdecision of Commercial Court of Madrid, of 23 may 2018

Resumen: El Auto del Juzgado de lo Mercantil de Madrid, objeto de comentario en este trabajo, resuelve una declinatoria por falta de jurisdicción en un caso de reclamación de daños por un ilícito antitrust. El comportamiento anticompetitivo del que derivan los perjuicios, que ahora se reclaman, es el conocido como cártel de los camiones, que sancionó la Comisión Europea en el año 2016. Una de las víctimas de ilícito antitrust pide una indemnización por los daños y perjuicios sufridos por el hecho de haber tenido que pagar un sobreprecio en la compra de uno o varios camiones objetos del acuerdo colusorio. El Juzgado de lo Mercantil de Madrid rechaza la declinatoria por hallarse el domicilio de la demandada en territorio español.Palabras clave: aplicación privada del Derecho de la competencia, acciones follow on, cártel de los camiones, indemnización por daños derivados de un ilícito antitrust, foro del lugar del hecho ilícito, foro del lugar del daño.Abstract: The Decision of Commercial Court of Madrid, object of comment in this paper, resolves a declinatory for lack of jurisdiction in a case of claim of damages from European antitrust law infringement. The anticompetitive behavior from which the damages derive is known as the truck cartel, which was sanctioned by the European Commission in 2016. One of the victims of this behavior seeks compensation for the damages suffered by the fact of having to pay a surcharge in the purchase of one or more trucks that belong to scope of collusive agreement. The Commercial Court of Madrid rejects the declinatory because the defendant’s domicile is located in Spanish territory.Keywords: private enforcement of competition law, follow on actions, cartel of trucks, compensation for damages from European antitrust law infringement, forum of place in which the harmful event occurred, forum of place of damage.