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EU limit on the amount of hours you work a week   Message List  
Reply | Forward Message #869 of 1997 |
Re: [ThomasSzaszDiscussion] EU limit on the amount of hours you work a week

There is a concept in law called "strict liability" that one might consider in
dealing with such controversies. In Black's Law Dictionary, strict liability is
defined as "Liability without fault. Case is one of 'strict liability' when
neither care nor negligence, neither good nor bad faith, neither knowledge nor
ignorance will save defendant. Fresno Air Service v. Wood, 43 Cal.Rptr. 276,
279..." If a country has private health care, an exception to restrictions on
number of hours worked might if the worker could show that he has sufficient
insurance to protect himself and others in case someone was hurt as a result of
the person's "overworking". If a country has socialized medicine, it might be
difficult for a person to obtain such private insurance. If we think it is a
good law that an employer cannot require a worker to work more than a specified
number of hours, then does it not make sense to restrict a person from
"employing himself" more than a specified number of hours?

a_n_o_t_h_e_r_nick <sheepysleepy@...> wrote:It is illegal to work more
than 48 hours in Europe at the moment,
Britain (my home country) has an opt out of this. As the EU is
reducing the amount of laws that it sets down it feels that it is
important that the laws it does legislate apply to the whole of
Europe, hence we are loosing this opt out.
The arguments are based on health and safety.
One argument is that people who work more than 48 hours are more
prone to heart attacks and stress related injuries.
It seems in line with Szasz's philosophy to say that it is my choice
whether I expose myself to those risks.

A slightly different argument would be concerning, for example,
truck drivers. When they work longer hours they become a bigger risk
to other people on the road, do you think this argument holds water.

Is it there choice to take the risk that they might kill someone and
be subject to the consequences of the law if they do so kill someone?

Just as we cannot lock up paedophiles longer than their jail
sentence on the basis that on release they have a higher chance off
re-offending. Ie just because an action/life style has a chance of
hurting someone, we cannot do anything until someone is hurt.







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Thu May 19, 2005 1:38 pm

ozarkheretic
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Forward
Message #869 of 1997 |
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It is illegal to work more than 48 hours in Europe at the moment, Britain (my home country) has an opt out of this. As the EU is reducing the amount of laws...
a_n_o_t_h_e_r_nick
a_n_o_t_h_e_...
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May 19, 2005
1:05 pm

There is a concept in law called "strict liability" that one might consider in dealing with such controversies. In Black's Law Dictionary, strict liability is...
Charles Howard
ozarkheretic
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May 19, 2005
1:40 pm

Locking up employers or employees because of their choice to work more than a certain number of hours is counterproductive. In the case of truck drivers -...
Martin Kessler
titaniummdk
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May 19, 2005
3:27 pm

... Nobody's going to be locked up. These aren't criminal laws, they're civil laws, and they don't apply to individuals but govern employment contracts. People...
mira
miradevries
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May 19, 2005
4:14 pm

Do housewives pay taxes on their enourmous overtime pay? Just joking. Martin...
Martin Kessler
titaniummdk
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May 19, 2005
5:19 pm

Are housewives employees of their husbands? Is a husband supposed to pay his wife? Does a wife pay a husband for a home and necessaries and probably some...
Charles Howard
ozarkheretic
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May 19, 2005
5:54 pm

Charles Howard wrote: Why is funny to joke about the hours that women work? Why isn't funny to joke about the work that men do? Because in our mysoginist...
Martin Kessler
titaniummdk
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May 19, 2005
8:39 pm

Again, whenever one quotes Szasz, it would help to have a book and page number to cite. Where did Szasz compare matrimony to a form of slavery, assuming he...
Charles Howard
ozarkheretic
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May 19, 2005
9:11 pm
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