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as opposed to utilitarian law.
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So law that builds in safety margins or buffer zones
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to protect against miscalculations of risk.
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We did not do that when we built nuclear power plants,
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and we've had several severe accidents in the world,
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most notably Chernobyl that we'll take a look at
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when we look at the nuclear power plant case.
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So that thinking about when should the government be allowed
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to balance risks or costs against benefits,
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and when should a fixed standard
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of allowable risk drive a decision?
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Those are very difficult questions.