Responsibility & the Negligence Standard

25 Pages Posted: 21 Jul 2009 Last revised: 4 Dec 2013

See all articles by Joseph Raz

Joseph Raz

University of Oxford - Faculty of Law; Columbia University - Law School; King's College London - The Dickson Poon School of Law

Abstract

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the grounds of duties to pay damages.

Keywords: morality, law, responsibility, liability, strict-liability negligence, excuses, damages

Suggested Citation

Raz, Joseph, Responsibility & the Negligence Standard. Oxford Legal Studies Research Paper No. 29/2009, Columbia Public Law Research 09-207, Available at SSRN: https://ssrn.com/abstract=1436022 or http://dx.doi.org/10.2139/ssrn.1436022

Joseph Raz (Contact Author)

University of Oxford - Faculty of Law ( email )

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Columbia University - Law School ( email )

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HOME PAGE: http://josephnraz.googlepages.com/home

King's College London - The Dickson Poon School of Law ( email )

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