Reasonable Care: Equality as Objectivity

28 Pages Posted: 18 Oct 2011

See all articles by Avihay Dorfman

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

Date Written: October 18, 2011

Abstract

The most compelling defense of the standard of reasonable care in negligence law casts itself in terms of equality. This commitment to equality may paradoxically turn out to be flatly inegalitarian. This is because it discriminates against the less capable through ignoring their deficient capabilities (and so against their chances of meeting the standard of reasonable care successfully). A promising, though still unfamiliar, way to revive the egalitarian aspirations of reasonable care would be to show that imposing the standard of reasonable care even on the less competent expresses, rather than inhibits, a true devotion to equality. I seek to make this showing, and thus to reclaim for this standard of care its egalitarian foundations more adequately than has so far been proposed.

Keywords: torts, equality, responsibility, reasonable care, disability, private/public law

JEL Classification: K10, K13

Suggested Citation

Dorfman, Avihay, Reasonable Care: Equality as Objectivity (October 18, 2011). Law and Philosophy, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1945648

Avihay Dorfman (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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