We are living in the age of experience and science. Law, as a social product, grows up and directed by social necessities. so, one can say, as justice Holmes pointed out, about a century age, "The l_re or the law is not logic, it is experience."
In order to show a model of legal system which is based on experience and social engineering, I have chosen the section RS of
prosser and keeton on (orts, under the above title, to translate and discuss.
In that section, the learned autor summarIes the basic explanations for rules and practices alout awarding and denying
compensation, in three key ideas:
1. The Fault Principle: This principle applies to the conduct that is antisocial in the sens that its costs (encluding harms) outweigh its benefits.
2. The Strict accountability Principle: when fault is not found, the conduct may nevertheless couses hamrs. If the compensation
should be paid by actor whose conduct caused, the principle of strict accountalility is the key idea, like "the product liability" and "the liability of automoliles".
3. The welfars principle: when conduct is more socially beneficial
tham harmful (not faulty), but nevertheless causes harms, if the compensation should be paid by society insted of its actor, the dey
idea is within the scope of the welfare principle.