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The negligence standard: political not metaphysical

Abstract:

This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recentl...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1111/1468-2230.12240

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Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Wiley Publisher's website
Journal:
Modern Law Review Journal website
Volume:
80
Issue:
1
Pages:
1–21
Publication date:
2017
Acceptance date:
2016-09-16
DOI:
EISSN:
1468-2230
ISSN:
0026-7961
Pubs id:
pubs:644371
URN:
uri:75f0eb70-8dd9-4b94-8d19-0f3270a1692b
UUID:
uuid:75f0eb70-8dd9-4b94-8d19-0f3270a1692b
Local pid:
pubs:644371

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