An Inquiry into the Ethics of Retrospective Liability: The Case of British Columbia's Bill 26

These flashcards cover the key concepts related to retrospective liability and the specific context of British Columbia's Bill 26, focusing on ethical implications, legal definitions, and related principles.

Ethics

The science or study of morals, focusing on conduct, character, intentions, and social relations.

Retrospective Liability

Liability imposed for past actions from the time legislation is proclaimed onwards.

Retroactive Liability

Liability imposed from the time the act was performed, pushing liability further back in time than retrospective legislation.

Bill 26

British Columbia's legislation assigning responsibility for remediation at contaminated sites to various parties.

Joint and Several Liability

A legal principle where one party can be held liable for all remediation costs regardless of their contribution.

Absolute Liability

A legal standard that precludes 'due diligence' defenses, holding parties responsible regardless of fault.

Distributive Justice

The fair distribution of benefits and burdens within society.

Corrective Justice

A principle focused on fairness in the correction of wrongs, ensuring redress for harm caused.

Polluter Pays Principle

A principle asserting that those who pollute should bear the costs of managing pollution.

Beneficiary Pays Principle

A principle stating that those who benefit from an activity should pay for the costs associated with it.

Unanticipated Costs

Costs that arise from unforeseen consequences of past actions.

Moral Culpability

Attribution of blame or responsibility to a party based on their actions or decisions.

Veil of Ignorance

A concept used to assess moral judgments impartially, without knowledge of personal circumstances.

Efficiency

An ethical perspective focused on maximizing social welfare or minimizing costs.

Equity

An ethical perspective emphasizing fairness and justice in the distribution of burdens and benefits.

Superfund

U.S. legislation imposing retrospective liability for environmental clean-up costs.

Environmental Clean-Up Legislation

Laws regulating the remediation of contaminated sites to protect public health and the environment.

Legislative Change

Modifications to laws that can impact established legal expectations and responsibilities.