Law and Philosophy 31 (4):369-407 (2012)

The most compelling defense of the standard of reasonable care in negligence law casts itself in terms of equality. This commitment to equality may paradoxically turn out to be flatly inegalitarian. This is because it discriminates against the less capable through ignoring their deficient capabilities (and so against their chances of meeting the standard of reasonable care successfully). A promising, though still unfamiliar, way to revive the egalitarian aspirations of reasonable care would be to show that imposing the standard of reasonable care even on the less competent expresses, rather than inhibits, a true devotion to equality. I seek to make this showing, and thus to reclaim for this standard of care its egalitarian foundations more adequately than has so far been proposed.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s10982-011-9124-z
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 63,247
Through your library

References found in this work BETA

What is Equality? Part 2: Equality of Resources.Ronald Dworkin - 1981 - Philosophy and Public Affairs 10 (4):283 - 345.
Disability, Handicap, and the Environment.Ron Amundson - 1992 - Journal of Social Philosophy 23 (1):105-119.
Infancy, Insanity, and Infirmity in the Law of Torts.P. Kelley - 2003 - American Journal of Jurisprudence 48 (1):179-252.

Add more references

Citations of this work BETA

Negligence and Accommodation.Avihay Dorfman - 2016 - Legal Theory 22 (2):77-123.

Add more citations

Similar books and articles

How Compatible Are Liberty and Equality in Structuring a Health Care System?Paul T. Menzel - 2003 - Journal of Medicine and Philosophy 28 (3):281 – 306.
Reasonable Women in the Law.Susan Dimock - 2008 - Critical Review of International Social and Political Philosophy 11 (2):153-175.
Forget About Equality.Madison Powers - 1996 - Kennedy Institute of Ethics Journal 6 (2):129-144.
Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”.Ori J. Herstein - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):403-428.
Ethics of Care and Concept Of.Lijun Yuan - 2002 - Hypatia 17 (1):107-129.
Equity and Public Health Care in China.Ren-Zong Qiu - 1989 - Journal of Medicine and Philosophy 14 (3):283-287.


Added to PP index

Total views
60 ( #177,599 of 2,448,516 )

Recent downloads (6 months)
1 ( #449,843 of 2,448,516 )

How can I increase my downloads?


My notes