Center for Law and Philosophy
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.
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
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1585