Beyond the Negligence Paradigm
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Beyond the Negligence Paradigm : Developing a Regulatory Ergonomic Approach to Error and Injury

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Description

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles - including the very nature of law and scientific knowledge - which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.
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Product details

  • Hardback | 224 pages
  • 159 x 235mm
  • ROUTLEDGE
  • London, United Kingdom
  • English
  • 1138799181
  • 9781138799189

Table of contents

Introduction: Disconnections and Aspirations PART ONE: MAKING NEGLIGENCE SOCIAL (SCIENTIFIC) 1. What Negligence Knows: Stories, Myths and Assumptions 2. The Law & Society Disconnect: The Expertise Paradox 3. Determining the Indeterminate: The Knowledge Paradox 4. Humanising Negligence: The Egalitarian Paradox PART TWO: SOCIAL LIFE BEYOND NEGLIGENCE 5. What Negligence Becomes: Translating Purpose 6. Approaches to Social Problems 7. Legal Multi-Tasking: Beyond Compensation 8. Managing Complexity: With and Without Law Conclusion: Ergonomic Architectures: With and Without Negligence
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About Nicolette Priaulx

Nicky Priaulx is based at Cardiff Law School
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