Conference on Business Crime,Fraud and Corruption England,March/April 1991 Preliminary Call for Papers

Conference on Business Crime, Fraud and Corruption England, March/April 1991 Preliminary Call for Papers     

Tort liability for breach of statute: A natural rights perspective

This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts.     

Mass torts and moral principles

This paper examines moral problems that arise when assigning liability in causally problematic mass exposure tort cases. It examines the relevance of different conceptions of corrective justice for such assignments of liability. It explores an analogy between the expressive role of punishment and the expressive role of tort, and argues that the imposition of liability in causally problematic mass exposure cases can be justified by appeal to expressive considerations.     

Assessment of assertion and problem-solving skills in wife abusers and their spouses

The present study provided an assessment of assertion and problem solving skills in couples characterized by wife abuse. A role play test and problem solving interaction task were administered to couples who were (a) physically abusive, (b) maritally discordant but nonviolent, and (c) satisfactorily married. Results indicated that members of abusive dyads exhibited deficits on selected behavioral components of assertion. However, few differences were observed between these dyads and the maritally discordant, nonviolent condition. Findings are discussed in terms of (1) the need for further evaluation of interpersonal skill variables in physically abusive males, (2) issues in selection of measures and subjects, and (3) the need to consider the possible interactive effects of multiple factors in family violence research.