Quote:
Originally posted by bilmore
The problem with strict liability is that unknowing violations always get over-penalized, while knowing ones are under-penalized.
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If you know ex ante that you will get nailed for an unknowing violation just as several as if you knew, you can contract around that by allocating the risk to those who can make sure there's no violation at all.
Club -- the government is involved because it is not possible to have individually-negotiated contracts between CBS and all of its potential viewers, and because tort law is too clumsy to be used.
