Principle of Precaution, and the Precautionary Approach in Civil Liability
Preference for prevention over cure is a truism. Precaution is an important type of prevention. Particularly, the Precautionary Approach in Civil Liability has been increasingly emphasized in recent decades. However, what the term precaution conveys and the specific stance it takes in civil liabilit...
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| Materiálatiipa: | Artihkal |
| Giella: | fas |
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University of Qom
2023-02-01
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| Ráidu: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Liŋkkat: | https://csiw.qom.ac.ir/article_2303_edf231cef20d79d90a01bb88acdd589f.pdf |
| _version_ | 1827300727784996864 |
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| author | Ahmad Deylami |
| author_facet | Ahmad Deylami |
| author_sort | Ahmad Deylami |
| collection | DOAJ |
| description | Preference for prevention over cure is a truism. Precaution is an important type of prevention. Particularly, the Precautionary Approach in Civil Liability has been increasingly emphasized in recent decades. However, what the term precaution conveys and the specific stance it takes in civil liability is underexplored. Indeed, despite the many recommendations for the Precautionary Approach, little has it been studied to define what it is or how it works. In this vein, recruiting a descriptive-analytical design, the present study seeks to answer this fundamental question. The Principle of Precaution has already established itself as a moral and legal duty, and of great importance in dealing with various issues, especially social behaviors. Findings suggest that, among the many proposed and conceivable roles, precaution could logically be considered as the goal of civil liability in this respect. Explanation and justification on other roles are beyond the scope of the study. |
| first_indexed | 2024-04-24T16:10:03Z |
| format | Article |
| id | doaj.art-79c6e48d0e6d4aaeb7a2973aae0c0420 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:03Z |
| publishDate | 2023-02-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-79c6e48d0e6d4aaeb7a2973aae0c04202024-03-31T19:12:28ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212023-02-019415117810.22091/csiw.2022.8133.22662303Principle of Precaution, and the Precautionary Approach in Civil LiabilityAhmad Deylami0Associate Professor, Department of Private Law, Faculty of Law, University of Qom.Preference for prevention over cure is a truism. Precaution is an important type of prevention. Particularly, the Precautionary Approach in Civil Liability has been increasingly emphasized in recent decades. However, what the term precaution conveys and the specific stance it takes in civil liability is underexplored. Indeed, despite the many recommendations for the Precautionary Approach, little has it been studied to define what it is or how it works. In this vein, recruiting a descriptive-analytical design, the present study seeks to answer this fundamental question. The Principle of Precaution has already established itself as a moral and legal duty, and of great importance in dealing with various issues, especially social behaviors. Findings suggest that, among the many proposed and conceivable roles, precaution could logically be considered as the goal of civil liability in this respect. Explanation and justification on other roles are beyond the scope of the study.https://csiw.qom.ac.ir/article_2303_edf231cef20d79d90a01bb88acdd589f.pdfpreemptive actionprecautionary approachprinciple of precautiongoal of civil liabilitypreventionprecaution |
| spellingShingle | Ahmad Deylami Principle of Precaution, and the Precautionary Approach in Civil Liability پژوهش تطبیقی حقوق اسلام و غرب preemptive action precautionary approach principle of precaution goal of civil liability prevention precaution |
| title | Principle of Precaution, and the Precautionary Approach in Civil Liability |
| title_full | Principle of Precaution, and the Precautionary Approach in Civil Liability |
| title_fullStr | Principle of Precaution, and the Precautionary Approach in Civil Liability |
| title_full_unstemmed | Principle of Precaution, and the Precautionary Approach in Civil Liability |
| title_short | Principle of Precaution, and the Precautionary Approach in Civil Liability |
| title_sort | principle of precaution and the precautionary approach in civil liability |
| topic | preemptive action precautionary approach principle of precaution goal of civil liability prevention precaution |
| url | https://csiw.qom.ac.ir/article_2303_edf231cef20d79d90a01bb88acdd589f.pdf |
| work_keys_str_mv | AT ahmaddeylami principleofprecautionandtheprecautionaryapproachincivilliability |