From c34eee8c6cac8b89692deb78d462135b85316672 Mon Sep 17 00:00:00 2001 From: wellspringcp <69349872+wellspringcp@users.noreply.github.com> Date: Tue, 13 Oct 2020 20:23:38 +1100 Subject: [PATCH] Update and rename 15-01-non-compensable-harms.md to 15-01-non-ameliorable-harmful-activity.md --- ...=> 15-01-non-ameliorable-harmful-activity.md} | 16 ++++++++-------- 1 file changed, 8 insertions(+), 8 deletions(-) rename 15-torts-and-coordination/{15-01-non-compensable-harms.md => 15-01-non-ameliorable-harmful-activity.md} (85%) diff --git a/15-torts-and-coordination/15-01-non-compensable-harms.md b/15-torts-and-coordination/15-01-non-ameliorable-harmful-activity.md similarity index 85% rename from 15-torts-and-coordination/15-01-non-compensable-harms.md rename to 15-torts-and-coordination/15-01-non-ameliorable-harmful-activity.md index 030be55..ee3f672 100644 --- a/15-torts-and-coordination/15-01-non-compensable-harms.md +++ b/15-torts-and-coordination/15-01-non-ameliorable-harmful-activity.md @@ -23,23 +23,23 @@ The defendant shall have a good defense if it can prove, concerning the harms wh - That it has a method of containing the 3rd party harms such that no harm can come to 3rd parties without their knowing volition, and that it is carrying out said activities under the auspices of that method. - That it has informed said 3rd parties of the harm and they have consented to be exposed to the harm (volenti non fit injuria). -- The conagent is undertaking said activities while maintaining at the ready, a provable method of fully reversing 3rd party harms. is prima-facie **evidence** +- The conagent is undertaking said activities while maintaining at the ready, a provable method of fully reversing 3rd party harms. + +> [Apologia]: Explain that this provable method at the ready may be insurance, or a lease on loans, etc. ## -> [Apologia]: The entities involved must be being used in such a manner as to cause their nature to yield harm to a 3rd party, -- Design, deploy and demonstrate a method of containing the damage so that it never affects 3rd parties (i.e., prevent the externality from occuring). -- Design, demonstrate and keep on standby, a method of fully reversing any damage caused to 3rd parties and hold a lease on capitals which can be used to compensate affected 3rd parties for other claimed damages (time, inconvenience, reputation, missed opportunity, etc.) (i.e., fully rollback the effects of the externality). -- Design - -> [Note]: Design a mechanism for a "volatile innovation" to give a conagent room to investigate ways to ameliorate the 3rd party effects of an innovation/activity without incuring liability for attempted non-compensable harmful activity. > [Note]: Discuss the fact that some amount of evidence-free speculation of harm must be allowed to the plaintiff, and how to limit this. Or perhaps don't allow evidence-free skepticism and an unlimited assumption of guilt on the defendent. - To ensure that the mechanism is evidence-based, we may have to reward whistle-blowers with a monetary incentive. - To ensure that the mechanism doesn't become a company secret revealer for non-damaging activities, a whistleblower whose disclosure doesn't demonstrate damage caused by a current activity of the defendent which incurs 3rd party damage that is not already ameliorated, is liable to the defendent for damages in "Malicious prosecution" and "sabotage". > [Apologia]: This mechanism replaces things like the FDA and EPA with an open process in court which is subject to a jury of peers rather than to the whim of an unelected panel of beaurocrats and the caprice of political unaccountable appointees. The solution to this problem was never to create a pantheon of unaccountable 3-letter government agencies. It was merely to be innovative and think of how to apply the current private property process to new phenomena. -> [Apologia]: One of the problems that previous iterations of individualist polities had is that they did not provide a mechanism to extend the principle of non-interference to activities which have the potential to inflict massive future damage individuals who pursue certain activities with (often with a low error rate) high damage downside are not restrained by any means +> [Apologia]: One of the problems that previous iterations of individualist polities had is that they did not provide a mechanism to extend the principle of non-interference to activities which have the potential to inflict 3rd party harm when things go wrong. Because legislators haven't been competent and diligent to think the problem through and to extend current mechanisms, they usually establish an unaccountable government agency with broad arbitrary power to control and stifle innovation. This file specifies a mechanism which achieves the desired outcomes without establishing a 3-letter agency with broad discretionary powers. + +> [Apologia]: Innovators working with harmful materials for which there is not yet a known containment and harnessing framework should be able to work within this legal framework to safely experiment and productize their innovation. + +> [Apologia]: It is intentional that the requirement to be able to demonstrate a working, deployed containment method, or a ready rollback mechanism imposes capital barriers. Only those conagents which can front the capitals to safely handle such volatile activities without while preserving non-interference, should be able to attempt such innovative activities. Allegations of uncompensatable harms.