Legal Theory 11 (4):387-404 (2005)

Toby Handfield
Monash University
David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of liability for negligence and for reasoning about possible reforms of the institution of negligence law.
Keywords Negligence law  liability  risk  causation
Categories (categorize this paper)
DOI 10.1017/S1352325205050202
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

The Moral Significance of Risking.John Oberdiek - 2012 - Legal Theory 18 (3):339-356.

Add more citations

Similar books and articles

Responsibility and the Negligence Standard.Joseph Raz - 2010 - Oxford Journal of Legal Studies 30 (1):1-18.
Toward a Moral Theory of Negligence Law.Ernest J. Weinrib - 1983 - Law and Philosophy 2 (1):37 - 62.
Liability for Failing to Rescue.TheodoreM Benditt - 1982 - Law and Philosophy 1 (3):391 - 418.
Liability for Nursing Negligence in the Operating Room.Jane Greenlaw - 1982 - Journal of Law, Medicine and Ethics 10 (6):222-224.
Crimes of Negligence: Attempting and Succeeding. [REVIEW]Alfred R. Mele - 2012 - Criminal Law and Philosophy 6 (3):387-398.
Professional and Agency Liability for Negligence in Child Protection.Donald C. Bross - 1983 - Journal of Law, Medicine and Ethics 11 (2):71-75.


Added to PP index

Total views
219 ( #42,356 of 2,421,640 )

Recent downloads (6 months)
19 ( #40,251 of 2,421,640 )

How can I increase my downloads?


My notes