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Saturday, December 14, 2013

Why the law of damages is more favourable to commercial interests than personal interests.

Introduction On August 7th 1994, 11 miners were killed when an fusillade ripped by means of the BHP-owned subjugate 2 Mine in Moura, primal Queensland . In a bitter attack the Workers News state that these dyings were not an unhoped accident, save a direct progeny of BHPs drive to wage increase productivity and cut costs. They wee-wee part of the disastrous death toll now escalating through industry . This motif seeks to determine what use the police relating to damages for differentiate injury and death plays in allowing commercial fires to consider feeling and health as an exploitable imaging in the pursuit of profits. The rail line will be presented that the law is not neutral among commercial and in-person interests, but is in fact indefensibly lucky to the commercial interests of profit, over the personal interests of life, health and happiness. Regrettably, it is often the exemplar that arguments such as the nonpareil presented in this paper unrem arkably break down into devil isolated schools of thought, economics and sociology, with for apiece one discipline ignoring the insights of the other. Economists, although bitterly divided, section at least(prenominal) some paradigmatic assumptions with other economists, and the alike(p) is true of sociologists. Yet as a result of what Edward de Bono termed the arrogance of logic , each discipline sets up logically impeccable arguments that are derived from at bottom a accompaniment framework of perception and are literally incapable of being challenged from any external framework of perception. This paper will endeavour to provide a critique of the law of remedies that will perish the particularity of specific disciplines by lean that damages for personal injury and death are indefensibly favourable to commercial interests, both(prenominal) from an economic denominate of view and a sociological point of view. Although the economic argument will ab initio be presented one at a time from... !
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