The spurious relationship between moral blameworthiness and liability for negligence
Traditional learning maintains that liability for negligence is ultimately premised on notions of moral blameworthiness. It is thought that the legal principles which define the scope of negligence loosely conform to such notions. This article challenges that view. While there is a certain amount of...
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| Format: | Journal article |
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University of Melbourne
2004
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| _version_ | 1826270711944052736 |
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| author | Goudkamp, J |
| author_facet | Goudkamp, J |
| author_sort | Goudkamp, J |
| collection | OXFORD |
| description | Traditional learning maintains that liability for negligence is ultimately premised on notions of moral blameworthiness. It is thought that the legal principles which define the scope of negligence loosely conform to such notions. This article challenges that view. While there is a certain amount of evidence which supports the conventional view it is argued that this evidence is eclipsed by many important instances where the tort of negligence is insensitive to considerations of moral blameworthiness. |
| first_indexed | 2024-03-06T21:45:08Z |
| format | Journal article |
| id | oxford-uuid:494f258b-ff79-44ff-aae9-a3d4b7b3de9d |
| institution | University of Oxford |
| last_indexed | 2024-03-06T21:45:08Z |
| publishDate | 2004 |
| publisher | University of Melbourne |
| record_format | dspace |
| spelling | oxford-uuid:494f258b-ff79-44ff-aae9-a3d4b7b3de9d2022-03-26T15:30:49ZThe spurious relationship between moral blameworthiness and liability for negligenceJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:494f258b-ff79-44ff-aae9-a3d4b7b3de9dSymplectic Elements at OxfordUniversity of Melbourne2004Goudkamp, JTraditional learning maintains that liability for negligence is ultimately premised on notions of moral blameworthiness. It is thought that the legal principles which define the scope of negligence loosely conform to such notions. This article challenges that view. While there is a certain amount of evidence which supports the conventional view it is argued that this evidence is eclipsed by many important instances where the tort of negligence is insensitive to considerations of moral blameworthiness. |
| spellingShingle | Goudkamp, J The spurious relationship between moral blameworthiness and liability for negligence |
| title | The spurious relationship between moral blameworthiness and liability for negligence |
| title_full | The spurious relationship between moral blameworthiness and liability for negligence |
| title_fullStr | The spurious relationship between moral blameworthiness and liability for negligence |
| title_full_unstemmed | The spurious relationship between moral blameworthiness and liability for negligence |
| title_short | The spurious relationship between moral blameworthiness and liability for negligence |
| title_sort | spurious relationship between moral blameworthiness and liability for negligence |
| work_keys_str_mv | AT goudkampj thespuriousrelationshipbetweenmoralblameworthinessandliabilityfornegligence AT goudkampj spuriousrelationshipbetweenmoralblameworthinessandliabilityfornegligence |