James Macpherson

The primary aim of this article is to develop and defend a conceptual analysis of safety. The article begins by considering two previous analyses of safety in terms of risk acceptability. It is argued that these analyses fail because the notion of risk acceptability is more subjective than safety, as risk acceptability takes into account potential benefits in a way that safety does not. A distinction is then made between two different kinds of safety—safety qua cause and safety qua recipient—and both are defined in terms of the probability of a loss of value, though the relationship between safety and the probability of loss varies in each case. It is then shown that although this analysis is less subjective than the previously considered analyses, subjectivity can still enter into judgments of safety via the notions of probability and value. In the final section of this article, it is argued that the difference between safety and risk acceptability is important because it corresponds in significant ways to the difference between consequentialist and deontological moral viewpoints.

Intentionalism is the view that statutes should be interpreted in accordance with the intentions of the legislatures that produce them. As a theory of legislative interpretation, intentionalism has been very influential, but it has also been subject to much critical attention. It is claimed that legislatures will seldom have any relevant intentions, and that even if they did, we could not come to know them. I propose a modification of intentionalism that significantly mitigates the severity of these problems. I begin by noting that legislation is seldom (if ever) written by an entire legislature. Instead, it is commonly written by individuals or subgroups acting as proxies on behalf of the legislature. I then argue that the reasons why legislation should be interpreted in accordance with the intentions of legislatures are equally applicable to the intentions of proxies. This is significant because proxies are much more likely to have ascertainable intentions.