Anton Kwaijtaal, ‘Quantitative Liability Law’

In the manuscript I derive a fundamental quantitative model of normal legal behavior in liability law and describe how deviating from this behavior results in liability in an abstract world where unlawful damage should be minimalized. I start with a logical model in a deterministic world and thereafter switch to a probabilistic world and a statistical model. I built a theoretical quantitative model for minimizing (the damage resulting from) liability. It is a risk minimizing (mean-variance) model. Taking this as a basis, I operationalize generally accepted legal public opinions as a means to determine lawfulness of residual damage. I also discuss the operationalization of the normal (reasonable) man. This gives rise to the possibility of formulating testable hypotheses. I conclude with the application of the selection models in legal proceedings and shortly discuss my thoughts on the dynamics of law.

Kwaijtaal, Anton, Quantitative Liability Law (April 24, 2022).

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