This paper explores how the widely acknowledged conception of tort law as corrective
justice is to be applied to the law of negligence. Corrective justice is an ordering of …

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the
law of negligence. Its aim is to re-establish the notion that thinking about the law ought to …

The law's use of the terms" reasonable" and" unreasonable" are legion and notorious.
Indeed, the law's seemingly carefree attitude in throwing around these terms has often …

It is a commonplace to observe that there has been an explosion of tort liability during the
past quarter-century. The observation strikes me as entirely accurate. What has not been …

fallen. According to the legal tradition passed into the 20th century, this dichotomy
exhausted the field of relevant possibilities. Thus the criteria for liability in tort at the …

More than twenty years ago, George Fletcher showed that the competing ideals of fairness
and utility battle over the interpretation and justification of tort doctrine. This article argues …

I identify a sense of 'responsibility'by which X is responsible for Φing iff X's Φing was related
to his capacities of rational agency in an appropriate way. I argue that the Guidance …

It is commonly accepted that one can be morally responsible for negligent behavior and its
consequences. It is also commonly accepted that one cannot be morally responsible for …

Negligence is" conduct which falls below the standard established by law for the protection
of others against unreasonable risk of harm.", And this standard of conduct is ordinarily …

Ever since Blyth v. Birmingham Waterworks it has been usual to state the standard for
negligence by reference to the" reasonable man," or the" prudent and reasonable man," the …