The Regulation of Ultrahazardous Activities
Q&A Radio: 25 January 2015, Question 1
I answered a question on the regulation of ultrahazardous activities on 25 January 2015. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Would the government of a free society issue bans or otherwise regulate activities dangerous to bystanders? At the turn of the 20th century it was common to use cyanide gas to fumigate buildings. Although it was well-known that cyanide gas was extremely poisonous and alternatives were available, its use continued and resulted in a number of accidental deaths due to the gas traveling through cracks in walls and even in plumbing. With the development of better toxicology practices, these deaths were more frequently recognized for what they were and at the end of summer in 1825 the NYC government banned its use. In this and other situations, it was recognized that the substance in question was extremely poisonous and could only be handled with the most extreme care – care that was rarely demonstrated. The question is this: Should the government step in and ban the substance from general use or should it simply stand by and wait for people to die and prosecute the users for manslaughter? Or is there another option?
My Answer, In Brief: Ultrahazardous activities should be subjected to a standard of strict liability in tort law, rather than the negligence standard used in other cases. If a negligence standard were used, that would allow businesses who engage in ultrahazardous activities to privatize profits and socialize costs.
- Duration: 47:07
- Download: MP3 Segment (16.2 MB)
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About Philosophy in Action
I'm Dr. Diana Brickell (formerly Diana Hsieh). I'm a philosopher, and I've long specialized in the application of rational principles to the challenges of real life. I completed my Ph.D in philosophy from the University of Colorado at Boulder in 2009. I retired from work as a public intellectual in 2015.
From September 2009 to September 2015, I produced a radio show and podcast, Philosophy in Action Radio. In the primary show, my co-host Greg Perkins and I answered questions applying rational principles to the challenges of real life. We broadcast live over the internet on Sunday mornings.
My first book, Responsibility & Luck: A Defense of Praise and Blame, can be purchased in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck." My second book (and online course), Explore Atlas Shrugged, is a fantastic resource for anyone wishing to study Ayn Rand's epic novel in depth.
I can be reached via e-mail to firstname.lastname@example.org.