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Vol 23 No 5 May/June 2018

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Beyond the Negligence Paradigm: Developing a Regulatory Ergonomic Approach to Error and Injury

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ISBN13: 9781138799189
To be Published: November 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00



Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles – including the very nature of law and scientific knowledge – which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

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Subjects:
Law and Society
Contents:
Introduction: Disconnections and Aspirations

PART ONE: MAKING NEGLIGENCE SOCIAL (SCIENTIFIC)
1. What Negligence Knows: Stories, Myths and Assumptions
2. The Law & Society Disconnect: The Expertise Paradox
3. Determining the Indeterminate: The Knowledge Paradox
4. Humanising Negligence: The Egalitarian Paradox

PART TWO: SOCIAL LIFE BEYOND NEGLIGENCE
5. What Negligence Becomes: Translating Purpose
6. Approaches to Social Problems
7. Legal Multi-Tasking: Beyond Compensation
8. Managing Complexity: With and Without Law Conclusion: Ergonomic Architectures: With and Without Negligence