Responsibility and the Negligence Standard | Zendy

Joseph Raz | Zendy

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Responsibility and the Negligence Standard

Author(s) -

Joseph Raz

Publication year - 2010

Publication title -

oxford journal of legal studies

Language(s) - English

Resource type - Journals

eISSN - 1464-3820

pISSN - 0143-6503

DOI - 10.1093/ojls/gqq002

Subject(s) - agency (philosophy) , liability , law and economics , strict liability , tort , moral responsibility , rational analysis , embodied cognition , law , political science , business , economics , psychology , philosophy , epistemology , cognition , neuroscience

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.

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