Foreseeability as Re-Cognition.

Research output: Contribution to journalArticlepeer-review

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 languageEnglish
Pages (from-to)163-195
Number of pages33
JournalAmerican Journal of Jurisprudence
Volume59
Issue number2
StatePublished - Dec 2014

Keywords

  • FORESEEABILITY (Law)
  • REASONABLE care (Law)
  • CIVIL law
  • TORTS
  • TORT theory
  • Liability
  • Negligence
  • Private Law
  • WISCONSIN. Supreme Court

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