Journal article
The spurious relationship between moral blameworthiness and liability for negligence
- Abstract:
- 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.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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Authors
- Publisher:
- University of Melbourne
- Journal:
- Melbourne University Law Review More from this journal
- Volume:
- 28
- Pages:
- 343-373
- Publication date:
- 2004-01-01
- Acceptance date:
- 2004-02-01
- Pubs id:
-
pubs:605149
- UUID:
-
uuid:494f258b-ff79-44ff-aae9-a3d4b7b3de9d
- Local pid:
-
pubs:605149
- Source identifiers:
-
605149
- Deposit date:
-
2016-02-18
- ARK identifier:
Terms of use
- Copyright holder:
- University of Melbourne
- Copyright date:
- 2004
- Notes:
- This is the publisher's version of the article. The final version is available online from the University of Melbourne at: [http://law.unimelb.edu.au/mulr/issues/previous-issues/volume28].
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