Concepts such as harm, injury, advantage and advantage are pervasive in legal theory. Understanding these concepts requires an assessment of the basic problem. The purpose of this dictionary entry is to give the reader a basic understanding of what baselines are and how they can be challenged and defended. Of course, there is much more to say, and the bibliography offers some additional sources for the study. Baselines are important in a variety of contexts. How do I distinguish offers from threats? Nozick`s clever distinction is that a threat is an offer you`d rather not receive, but underlying his point of view is the notion of baseline. This is where the basic concept comes in. For example, we could use a time baseline to define harm: action X is harm to individual P if and only if P is worse off after X and this change in well-being is causally generated by X. This sounds plausible, but it`s not hard to find examples where this formula doesn`t fit our intuitive understanding of harm. Mary asks Nancy to repay a $10 loan, and Nancy agrees. Nancy is worse off, but it`s not clear that Mary hurt Nancy – although her request for payment is the reason Nancy is worse off (financially) than before the claim. The same goes for the benefit. Mary forgives Nancy`s guilt.
Nancy`s financial situation has not improved compared to a reference period, but one might think that Mary gave Nancy an advantage. In both examples, the temporal baseline does not reflect our intuitive sense that the relevant baseline should be defined in relation to Mary and Nancy`s respective claims. So how could the law identify baselines? Let us list some possibilities: the Lochner court demanded state neutrality and was skeptical of state “interventions”; It defined both terms as whether the state had threatened to alter the division of rights and wealth under the common law, which was considered part of nature rather than a legal construct. Once the common law system was seen as a legislative product, the basis from which constitutional decisions were made had to change. When the Lochner framework was abandoned at the West Coast Hotel, the common law system itself seemed to be a subsidy to employers. The West Coast Hotel Court therefore adopted an alternative basis and rejected the Lochner-era understanding of neutrality and action. (Sunstein, Lochner`s Legacy, p. 917) Human rights: Another source of reference could be the set of claims identified by international human rights law. A cookie is a small file of information that our server may send to your computer when you visit our website.
Cookies allow our server to track how you navigate our website, such as the pages you have visited. If you do not feel comfortable with the use of cookies, remember that you can disable cookies on your computer by changing the settings or options menu of your browser. However, disabling cookies may affect your ability to participate in certain activities on our website. How do we use the information we collect passively and with cookies? At this point, I`m sure Lexicon readers have realized that identifying a baseline can be crucial in answering the question of whether a breach has occurred. If positive law identifies the baseline, there are no violations unless a legal claim is violated. But if natural law sets the baseline, then violations can occur without violating positive law. the line from which the extent seaward of the maritime areas of a coastal State is measured; The default baseline is the low-water mark along the coast, but straight baselines surrounding the edges of coastal islands or deeply indented coasts are also allowed. Positive allegations: The law could take existing claims (as defined in positive law) as the basis for measuring harm or legal benefit. Every member of Baseline must understand that Baseline is committed to being a good local and global citizen based on our core values.
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