Post by Sapphire Capital on Sept 10, 2009 7:22:55 GMT 4
Responsibility & the Negligence Standard
Joseph Raz
Columbia Law School; University of Oxford - Faculty of Law
July 19, 2009
Columbia Public Law Research 09-207
Oxford Legal Studies Research Paper No. 29/2009
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.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1460782_code244408.pdf?abstractid=1436022&mirid=3
Joseph Raz
Columbia Law School; University of Oxford - Faculty of Law
July 19, 2009
Columbia Public Law Research 09-207
Oxford Legal Studies Research Paper No. 29/2009
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.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1460782_code244408.pdf?abstractid=1436022&mirid=3