Suchergebnisse

A few states, notably California, are experiencing large increases in the number and cost of disability settlements under workers' compensation. Claims of cumulative injury for coronary heart disease, hypertension, stroke, cancer and neuropsychiatric problems have all been interpreted as compensable under workers' compensation, even when these conditions are clearly related to the aging process. Legal precedents for such claims are building rapidly throughout the country. The resultant costs may lead to the demise of the workers' compensation system. The situation in California is discussed in detail including the legal aspects, cumulative injury claims by type of disease and age of claimants, legal costs to the individual and the employer, and the economic outlook for the workers' compensation insurance system.

The argument of R. Nozick (Anarchy, State, and Utopia, New York: Basic Books, 1975) that only a state limited to protection against coercion is justifiable, is flawed by Nozick's failure to articulate the substantive laws which the state may enforce. In fact, it is not valid to legitimatize the state by its enforcement of law; rather, law is legitimized by being created by the state, when the state is legitimate. The state's role cannot be limited to remedying acknowledged injuries, but must include determining what is, & what is not an injury. A state which has such powers of discretion cannot be limited in that sense; what is central to legitimacy, rather, is putting control in the proper hands. The people must play a role in deciding what the state's powers will be. The proper procedure is to derive from the state's legitimacy the brakes on its power which must exist for it to remain legitimate. W. H. Stoddard.

THE AUTHOR PRESENTS A VARIETY OF EVIDENCE THAT A LARGE FRACTION OF INJURIES AND DEATHS IN ROBBERY ARE THE RESULT OF THE ROBBER'S UNPROVOKED DECISION TO HARM THE VICTIM. THE FINDING SUPPORTS A POLICY OF SENTENCING ENHANCEMENTS FOR ROBBERY INJURY. OTHER POLICY OPTIONS ARE DISCUSSED IN VIEW OF THE EVIDENCE PRESENTED.