14 Pages Posted: 17 Nov 2010
Date Written: November 16, 2010
This essay will attempt to show that the disparity between the rule of law and the dictates of morality is itself a product of the paradigmatic way in which the “Bad Samaritan” cases are analyzed. If we examine the cases in an entirely different way, many of the standard problems will dissolve and new alternatives will become apparent. The essay will also show that the “Bad Samaritan” paradigm is part of a larger paradigm linking the law of torts with the criminal law, which also needs to be reexamined. Finally a recommendation for dealing with the “Bad Samaritan” problem legislatively is offered.
Keywords: Tort Liability, Criminal Liability, Bad Samaritan, Good Samaritan, Duty To Warn or Rescue, Genovese Killing
JEL Classification: K40, K49, K10, K30
Suggested Citation: Suggested Citation
D'Amato, Anthony, The ‘Bad Samaritan’ Paradigm (November 16, 2010). Northwestern University Law Review, Vol. 70, No. 5, 1976; Northwestern Public Law Research Paper No. 10-80. Available at SSRN: https://ssrn.com/abstract=1710247