Document Type
Working Paper
Publication Date
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.
Disciplines
Law | Law and Philosophy | Torts
Recommended Citation
Joseph Raz,
Responsibility and the Negligence Standard,
Oxford Journal of Legal Studies, Vol. 30, p. 1, 2010; Oxford Legal Studies Research Paper No. 29/2009; Columbia Public Law Research 09-207
(2009).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/1585