Results for 'Negligence'

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  1. The Place of the Trace: Negligence and Responsibility.Samuel Murray - 2020 - Review of Philosophy and Psychology 11 (1):39-52.
    One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based (...)
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  2. The Problem with Negligence.Matt King - 2009 - Social Theory and Practice 35 (4):577-595.
    Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is (...)
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  3. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...)
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  4. Negligence: Its Moral Significance.Santiago Amaya - forthcoming - In Manuel Vargas & John M. Doris (eds.), Oxford Handbook of Moral Psychology.
    This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.
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  5. Nobody’s Perfect: Moral Responsibility in Negligence.Ori Herstein - 2019 - Canadian Journal of Law and Jurisprudence 31 (1):109-125.
    Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that (...)
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  6. Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”.Ori J. Herstein - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to (...)
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  7. Is the Risk–Liability Theory Compatible with Negligence Law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis (...)
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  8.  86
    The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern.Andrew Ingram - 2015 - Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of (...)
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  9.  88
    Mental Self-Management as Attempted Negligence: Trying and Succeeding.Benjamin Rossi - 2015 - Law and Philosophy 34 (5):551-579.
    ‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...)
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  10. No Luck for Moral Luck.Markus Kneer & Edouard Machery - 2019 - Cognition 182:331-348.
    Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...)
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  11. Unconscious Mens Rea: Criminal Responsibility for Lapses and Minimally Conscious States.Katrina Sifferd - 2016 - In Dennis Patterson & Michael Pardo (eds.), Philosophical Foundations of Law and Neuroscience. Oxford University Press.
    In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...)
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  12.  42
    Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  13. Causation, Norm Violation, and Culpable Control.Alicke Mark, Rose David & Bloom Dori - 2011 - Journal of Philosophy 108 (12):670-696.
    Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...)
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  14.  68
    Kant on Essence and Nature.Michael Oberst - manuscript
    This paper investigates Kant’s account of “real essence” and of a thing’s “nature”. Notwithstanding their wide negligence in the literature, these concepts belong to the central ones of Kant’s metaphysics. I argue that, on the one hand, Kant is in continuity with the Aristotelian-Scholastic tradition of essence. But, on the other hand, he also follows Locke in distinguishing between “logical” and “real” essence. Contrary to recent attempts of aligning real essence with contemporary approaches to essence, I will defend the (...)
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  15. Deviant Causation and the Law.Sara Bernstein - manuscript
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
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  16. Toleration Vs. Doctrinal Evil in Our Time.Jovan Babić - 2004 - The Journal of Ethics 8 (3):225-250.
    Our time is characterized by what seems like an unprecedented process of intense global homogenization. This reality provides the context for exploring the nature and value of toleration. Hence, this essay is meant primarily as a contribution to international ethics rather than political philosophy. It is argued that because of the non-eliminability of differences in the world we should not even hope that there can be only one global religion or ideology. Further exploration exposes conceptual affinity between the concepts of (...)
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  17. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  18.  51
    Punishment in the Executive Suite: Moral Responsibility, Causal Responsibility, and Financial Crime.Mark R. Reiff - 2017 - In Lisa Herzog (ed.), Just Financial Markets? Finance in a Just Society. Oxford: Oxford University Press. pp. 125-153.
    Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...)
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  19.  35
    Innocent Owners and Guilty Property.Michael Baur - 1996 - Harvard Journal of Law and Public Policy 20:279-292.
    American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld the (...)
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  20. When Can One Requirement Override Another?Alex Rajczi - 2002 - Philosophical Studies 108 (3):309 - 326.
    I argue that any theory of moral obligation must be able to explain two things: why we cannot be thrust into a moral dilemma through no fault of our own, and why we can get into a moral dilemma through our own negligence. The most intuitive theory of moral obligation cannot do so. However, I offer a theory of moral obligation that satisfies both of these criteria, one that is founded on the principle that if you are required to (...)
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  21.  89
    Epic Human Failure on June 30, 2013.Fred Schoeffler & Lance Honda - 2018 - In Ronald L. Boring (ed.), Advances in Human Error, Reliability, Resilience, and Performance. Springer. pp. 120-131.
    Nineteen Prescott Fire Department, Granite Mountain Hot Shot (GMHS) wildland firefighters and supervisors (WFF), perished on the June 2013 Yarnell Hill Fire (YHF) in Arizona. The firefighters left their Safety Zone during forecast, outflow winds, triggering explosive fire behavior in drought-stressed chaparral. Why would an experienced WFF Crew, leave ‘good black’ and travel downslope through a brush-filled chimney, contrary to their training and experience? An organized Serious Accident Investigation Team (SAIT) found, “… no indication of negligence, reckless actions, or (...)
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  22.  46
    Negligência Implica Erro-Ignorância e Tentativa Implica Erro-Suposição.Ricardo Tavares Da Silva - manuscript
    Contrary to what is commonly held, negligence (namely, conscious negligence) and willfulness (namely, recklessness) are not distinguished on the basis of the volitional element but on the basis of the cognitive element, since negligence implies ignorance-mistake, being the volitional element common to both figures. On the other hand, if, in negligence, the representation of the typical fact is something that exists less than what objectively exists, in the attempt, on the contrary, it is something that exists (...)
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  23. Women Literacy Rate in the Princely State Tripura: A Historical Study.Nilanjan De - 2012 - Pratidhwani the Echo (I):99-107.
    Tripura was a princely state and ruled by the rulers of Manikya dynasty for a long period. She merged with the Indian Union on 15th Oct 1949. The rulers of Tripura wanted to modernise their state and educational modernisation was only a part of it. However, that process of modernisation was started only from the last quarter of 19th century. Many schools, both primary and secondary were established during that short span of time. Nevertheless, due to its primitive and patriarchal (...)
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  24.  50
    The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
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