In Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.), Hillel Steiner and the Anatomy of Justice: Themes and Challenges. Routledge (2009)
|Abstract||I address an issue that arises for rights theories that recognize rights to compensation for rightsintrusions. Do individuals who never pose any risk of harm to others have a right, against a rightsintruder, to full compensation for any resulting intrusion-harm, or is the right limited in some way by the extent to which the intruder was agent-responsible for the intrusion-harm (e.g., the extent to which the harm was a foreseeable result of her autonomous choices)? Although this general issue of strict liability vs. fault liability has been much analyzed and debated, there is a promising position that, to the best of my knowledge, has not been much discussed. This is the view that (1) when the intruder is agent-responsible for violating the rights (e.g., does so knowingly), she owes the intrudee compensation for the entire intrusion-harm, but (2) when the intruder is not agentresponsible for wrongly intruding upon the rights (because the intrusion was not wrong or because the intruder could not reasonably have known it was wrong), then she owes the intrudee compensation only for the intrusion-harm for which she is agent-responsible (and not, for example, harm that she could not have reasonably foreseen). I shall develop and motivate this position without attempting a full defense. Throughout, I focus on the rights of the intrudee, against the intruder, to compensation and the correlative duty of the intruder to the intrudee. I’m pleased and honored to have this paper included in this collection in honor of Hillel Steiner. Much of what I know about rights and libertarianism I learned from him – both from his written works and from his very helpful correspondence over the years. Moreover, his intellectual rigor, honesty, and modesty have been a source of inspiration. Although Hillel has not written extensively on compensation for intrusion-harms, it is a topic central to his view of justice, as it is to mine.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Mark R. Reiff (2005). Punishment, Compensation, and Law: A Theory of Enforceability. Cambridge University Press.
Joseph M. Steiner (1982). Putting Fault Back Into Products Liability: A Modest Reconstruction of Tort Theory. Law and Philosophy 1 (3):419 - 449.
Nahshon Perez (2011). On Compensation and Return: Can The 'Continuing Injustice Argument' for Compensating for Historical Injustices Justify Compensation for Such Injustices or the Return of Property? Journal of Applied Philosophy 28 (2):151-168.
Helga Varden (2009). Nozick's Reply to the Anarchist. Law and Philosophy 28 (6):585 - 616.
Andrew Kernohan (1995). Rights Against Polluters. Environmental Ethics 17 (3):245-257.
John Edwards (2006). Rights: Foundations, Contents, Hierarchy. Res Publica 12 (3).
Simon Wigley (2009). Disappearing Without a Moral Trace? Rights and Compensation During Times of Emergency. Law and Philosophy 28 (6):617 - 649.
Seth R. M. Lazar (2008). Corrective Justice and the Possibility of Rectification. Ethical Theory and Moral Practice 11 (4):355 - 368.
Peter Vallentyne (2011). Enforcement Rights Against Non-Culpable Non-Just Intrusion. Ratio 24 (4):422-442.
Added to index2010-01-14
Total downloads16 ( #74,564 of 548,977 )
Recent downloads (6 months)3 ( #25,799 of 548,977 )
How can I increase my downloads?