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Responsibility & the Negligence Standard


Joseph Raz


University of Oxford - Faculty of Law; Columbia University - Law School


Oxford Legal Studies Research Paper No. 29/2009
Columbia Public Law Research 09-207

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.

Number of Pages in PDF File: 25

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

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Date posted: July 21, 2009 ; Last revised: September 7, 2009

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: http://ssrn.com/abstract=1436022 or http://dx.doi.org/10.2139/ssrn.1436022

Contact Information

Joseph Raz (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
HOME PAGE: http://josephnraz.googlepages.com/home
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States
HOME PAGE: http://josephnraz.googlepages.com/home
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