Responsibility & the Negligence Standard

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

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 )

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

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

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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