On Duty

21 Pages Posted: 28 Sep 2021 Last revised: 6 Dec 2021

See all articles by Jeremy Waldron

Jeremy Waldron

New York University School of Law

Date Written: July 26, 2021

Abstract

Duties are normally understood prescriptively, in terms of the particular action a given duty requires. This essay, however, considers an alternative understanding. Duties may be understood by reference to situations for which the duty-bearer takes responsibility. (Not responsibility in a causal sense, but responsibility in a forward-looking sense--like being "on duty"). The paper explores the difference between these two understandings of duty and the attractions of the situational version. One attractive feature of the situational understanding is that it is open-ended (rather than settled and determinate) in the sense it conveys of what might be expected of the duty-bearer.

Keywords: duty, duty of care, liability, prescriptivity, responsibility, situation

Suggested Citation

Waldron, Jeremy, On Duty (July 26, 2021). NYU School of Law, Public Law Research Paper No. 21-48, Available at SSRN: https://ssrn.com/abstract=3931034 or http://dx.doi.org/10.2139/ssrn.3931034

Jeremy Waldron (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

HOME PAGE: http://rb.gy/r2go07

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
370
Abstract Views
1,388
Rank
175,599
PlumX Metrics