Foreseeability as Re-Cognition

American Journal of Jurisprudence (2015, Forthcoming)

36 Pages Posted: 11 Jul 2012 Last revised: 30 Sep 2014

See all articles by Avihay Dorfman

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

Date Written: Septmber 30, 2014

Abstract

In these pages, I seek to advance two arguments, a negative and a positive. The negative one is that leading accounts of foreseeability in duty-of-care-analysis fail to make sense of the requirement in question. And affirmatively, I shall argue that the foreseeability requirement reflects a concern for the distinctively social form of interaction between risk-creator and risk-taker, namely, that the former could form a respectful interaction with the latter. This reconstruction of the foreseeability requirement may express the view that its moral center may be a thin form of recognition between members of a liberal society.

Keywords: negligence, duty of care, foreseeability

Suggested Citation

Dorfman, Avihay, Foreseeability as Re-Cognition (Septmber 30, 2014). American Journal of Jurisprudence (2015, Forthcoming), Available at SSRN: https://ssrn.com/abstract=2103551 or http://dx.doi.org/10.2139/ssrn.2103551

Avihay Dorfman (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
110
Abstract Views
775
rank
268,753
PlumX Metrics