David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 9 (2):127-147 (2003)
Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent tort feasors. Arguments for and against limiting the abilities of negligent tort feasors to spread such costs, thus imposing a penalty on them, are discussed. The conclusion reached is that further consideration of such a penalty is warranted.
|Keywords||desert harm reduction moral education negligence tort law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Howard Simmons (2010). Moral Desert: A Critique. University Press of America.
Samuel C. Rickless (2011). The Moral Status of Enabling Harm. Pacific Philosophical Quarterly 92 (1):66-86.
Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.
Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
Nelson T. Potter (2002). Kant and Capital Punishment Today. Journal of Value Inquiry 36 (2-3):267-282.
Avihay Dorfman (2010). Can Tort Law Be Moral? Ratio Juris 23 (2):205-228.
Adina Nicoleta Gavrilă (2011). Should the Death Penalty Be Abolished? Arguments for and Against the Centuries-Old Punishment. Journal for Communication and Culture 1 (2):82-98.
Theodore M. Benditt (1982). Liability for Failing to Rescue. Law and Philosophy 1 (3):391 - 418.
Added to index2009-01-28
Total downloads13 ( #120,556 of 1,101,120 )
Recent downloads (6 months)4 ( #81,278 of 1,101,120 )
How can I increase my downloads?