This paper addresses the conditions for setting up strict civil liability schemes. For that it compares the social … efficiency of two main civil liability regimes usually enforced to protect the environment: the strict liability regime and the … "capped strict liability scheme". First, it shows that the regulator faces an effective dilemma when he has to enforce one of …

"Abstract: Taxation and liability are compared here as means of controlling harmful externalities. It is emphasized … that liability has an advantage over taxation: inefficiency of incentives arises under taxation when, as would be typical … incentives under liability does not require the state to determine expected harm -- it requires only that injurers pay for harm …

importance in controlling harmful externalities. I compare the tax and liability here in theory and suggest that the conclusions … harmful externalities, its actual use has been limited, mainly to the domain of pollution. Liability, in contrast, has great … help to explain the observed predominance of liability over taxation, except in the area of pollution. The following …