Abstract
In these pages, I seek to advance two arguments, a negative and a positive. The negative one is that leading accounts of foreseeability in duty-of-care-analysis fail to make sense of the requirement in question. And affirmatively, I shall argue that the foreseeability requirement reflects a concern for the distinctively social form of interaction between risk-creator and risk-taker, namely, that the former could form a respectful interaction with the latter. This reconstruction of the foreseeability requirement may express the view that its moral center may be a thin form of recognition between members of a liberal society. [ABSTRACT FROM PUBLISHER]
Original language | English |
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Pages (from-to) | 163-195 |
Number of pages | 33 |
Journal | American Journal of Jurisprudence |
Volume | 59 |
Issue number | 2 |
State | Published - Dec 2014 |
Keywords
- FORESEEABILITY (Law)
- REASONABLE care (Law)
- CIVIL law
- TORTS
- TORT theory
- Liability
- Negligence
- Private Law
- WISCONSIN. Supreme Court