Chapter 2 Liabilities and Safety Legislation课件.ppt

[Objectives and requirements] Handle the concepts of Statute Law , Common Law and Strict liability; Understand the origins of Statute Law and Common Law; Understand the occurrence of strict liability; Review In USA there are 3 types of laws: Review A few important aspects of these laws are presented in this book.（与事故和安全相关的法律基础） The legal ramifications of engineer’s worker should be known: （与工程师相关的法律知识） Responsibilities and liabilities under the laws（法定责任） How the laws came about （如何产生） How they affect employers, engineers, and employees.（如何影响雇主、工程师和雇员） Statute Law 成文法 Early law treated as a criminal any person who for any reason caused injury to another, as though the act had been done intentionally. The person who injured another was considered to have committed a crime against the peace of the community. Action by a community or its ruler was intended to lessen the tendency of the family of the person injured or killed to revenge the hurt and thereby to start a blood feud. 早期法律认为任何人因为任何理由伤害其他人都构成犯罪，都认为是有意的行为，对于社会的安定都构成了犯罪。 Statute Law 成文法 As late as the second century in certain areas of Greece, judgments were even made on inanimate objects that caused fatalities; found guilty, they were to be cast beyond the borders of the realm. 直到公元前2世纪，希腊的某些地区甚至还在为引起伤害的无生命的物体制定法律，判罪，被扔到边远处。 Offenses against the ruler, state, official religion, or community in general were crimes for which penalties were to be levied. Gradually a body of law came into being which indicated the rights, duties and care. Statute Law Initially, customs and usages, tribal laws, and edicts of rulers or governing bodies were accepted only within local areas. With the growth of trade and contact, laws were compiled into documents. 习惯、习俗和统治法令等只适用于特定区域。不同区域间由于不同的情况和法律解释而引起混乱。 Provisions of such a document, generally called a “code”, became the current law and superseded all others within its jurisdiction. Such codes constituted the “statute laws” of their respective times and jurisdictions. Statute