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The role of duty of care in a rights-based theory of negligence law

In Andrew Robertson & Hang Wu Tang (eds.), The goals of private law. Portland, Or.: Hart (2009)

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  1. The Morality of Compensation through Tort Law.Diego M. Papayannis - 2023 - Ratio Juris 36 (1):3-25.
    In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue that the value of interpersonal justice, which underlies tort law, might not suffice to fully justify it in a given community. It all depends on whether victims (...)
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  • A Right against Risk-Imposition and the Problem of Paralysis.Sune Holm - 2016 - Ethical Theory and Moral Practice 19 (4):917-930.
    In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...)
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