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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Universiteit van Ams...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
The Journal of Legal Studies
Article . 2009 . Peer-reviewed
Data sources: Crossref
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Negative Liability

Authors: Dari-Mattiacci, G.;

Negative Liability

Abstract

Negative and positive externalities pose symmetrical problems to social welfare. The lawinternalizes negative externalities by providing general tort liability rules. According to suchrules, those who cause harm to others should pay compensation. In theory, in the presenceof positive externalities, negative liability should apply: those who produce benefits shouldbe paid a compensatory award by the gainers. Nevertheless, the legal system does not displaysuch general negative-liability rules. Rather, it tackles the problem of internalizing positiveexternalities by implementing a set of different and often indirect solutions. My explanationfor this asymmetry in legal remedies rests on three features of a negative-liability regime,relating to intent, incentives, and evidence. These features explain the scope and design ofrestitution rules, liability for nonfeasance, and other mechanisms for the internalization ofpositive externalities.

Countries
United States, Netherlands
Keywords

340, 330, Law

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    popularity
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    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
65
Top 10%
Top 10%
Top 10%
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