David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oxford Journal of Legal Studies 30 (1):1-18 (2010)
The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the grounds of duties to pay damages.
|Keywords||damages excuses, negligence, strict-liability liability, responsibility, morality|
|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
Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) (1999). Responsibility. Cambridge University Press.
Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Theory Compatible with Negligence Law? Legal Theory 11 (4):387-404.
Michael L. Corrado (2001). Egalitarianism and the Problem of Tort Liability. Noûs 35 (s1):388-419.
Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
Douglas Husak (2011). Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting. [REVIEW] Criminal Law and Philosophy 5 (2):199-218.
Matt King (2009). The Problem with Negligence. Social Theory and Practice 35 (4):577-595.
Randall R. Curren (1992). A Causal Theory of Negligence. Social Philosophy Today 7:111-124.
Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
Added to index2009-09-04
Total downloads162 ( #5,036 of 1,101,833 )
Recent downloads (6 months)13 ( #17,590 of 1,101,833 )
How can I increase my downloads?