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Offlinemikeyboy
Stranger

Registered: 03/13/05
Posts: 1,152
Loc: UK
Last seen: 14 years, 8 months
Floodgates Argument
    #4967648 - 11/22/05 09:53 AM (18 years, 4 months ago)

I need to discuss the following using case law:

"Why the floodgates argument is such an important factor in restricting liability in negligence."

Could someone please give me a definition of the floodgates argument first hand as i have tried researching it but to no avail  :confused:

Thank you very much...
+ 5 :mushroom2: for anyone who can help :smile: Thanks in advance


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LSD: Defrag for the brain

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OfflineAncalagon
AgnosticLibertarian

Registered: 07/30/02
Posts: 1,364
Last seen: 15 years, 2 months
Re: Floodgates Argument [Re: mikeyboy]
    #4967657 - 11/22/05 09:57 AM (18 years, 4 months ago)

Quote:

mikeyboy said:
I need to discuss the following using case law:

"Why the floodgates argument is such an important factor in restricting liability in negligence."

Could someone please give me a definition of the floodgates argument first hand as i have tried researching it but to no avail  :confused:

Thank you very much...
+ 5 :mushroom2: for anyone who can help :smile: Thanks in advance


From: [url=http://72.14.207.104/search?q=cache:HUXJjX9hmq4J:www.edo.org.au/edotas/submissions/eia.html+floodgates+argument&hl=en&client=firefox-a] FUTURE DIRECTIONS FOR ENVIRONMENTAL REGULATION[/url]
This echoes the not unfamiliar ?floodgates argument?, which runs along the lines that the masses must be prevented for their own sake from having access to the courts to enforce environmental laws lest the ensuing torrent of vexatious litigation overloads the legal system and brings progress to a grinding halt. Such arguments are based on the premise that publicly motivated legal action should be the province only of those agencies entrusted with the authority of the state (and the taxpayers funds) to carry out that purpose. However, what happens when those with authority fail to take appropriate action, either because of inadequate resources, short-term political or practical expediency, corruption, self-interest or just plain apathy? In an ideal world, (or a utopian benevolent dictatorship) this would never happen, but we do not live in an ideal world and it does happen.


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?When Alexander the Great visted the philosopher Diogenes and asked whether he could do anything for him, Diogenes is said to have replied: 'Yes, stand a little less between me and the sun.' It is what every citizen is entitled to ask of his government.?
-Henry Hazlitt in 'Economics in One Lesson'

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Offlinemikeyboy
Stranger

Registered: 03/13/05
Posts: 1,152
Loc: UK
Last seen: 14 years, 8 months
Re: Floodgates Argument [Re: Ancalagon]
    #4971822 - 11/23/05 08:24 AM (18 years, 4 months ago)

Can anyone else explain it in their own words?


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OfflineAncalagon
AgnosticLibertarian

Registered: 07/30/02
Posts: 1,364
Last seen: 15 years, 2 months
Re: Floodgates Argument [Re: mikeyboy]
    #4971853 - 11/23/05 08:45 AM (18 years, 4 months ago)

Quote:

mikeyboy said:
Can anyone else explain it in their own words?


Is what I linked really so complicated? It appears that the floodgates argument runs as follows: ordinary individuals cannot be allowed to prosecute violators of environmental regulations because, were they allowed to, the courts would become far more of a cluttered disaster than they are today.


--------------------
?When Alexander the Great visted the philosopher Diogenes and asked whether he could do anything for him, Diogenes is said to have replied: 'Yes, stand a little less between me and the sun.' It is what every citizen is entitled to ask of his government.?
-Henry Hazlitt in 'Economics in One Lesson'

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