Responsibility & the negligence standard
| Abstract | 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. | |||||||||
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Joseph Raz (2010). Being in the World. Ratio 23 (4):433-452.
Alfred R. Mele (2012). Crimes of Negligence: Attempting and Succeeding. Criminal Law and Philosophy 6 (3):387-398.
Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Thesis Compatible with Negligence Law? Legal Theory 11:387-404.
Douglas Husak (2011). Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting. Criminal Law and Philosophy 5 (2):199-218.
Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
Randall R. Curren (1992). A Causal Theory of Negligence. Social Philosophy Today 7:111-124.
Matt King (2009). The Problem with Negligence. Social Theory and Practice 35 (4):577-595.
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.
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