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- Title
The Law of Negligence, Blameworthy Action and the Relationality Thesis: A Dilemma for Goldberg and Zipursky's Civil Recourse Theory of Tort Law.
- Authors
Rodriguez-Blanco, Veronica
- Abstract
In this paper, I discuss Goldberg and Zipursky's Recognizing Wrongs and argue that there is a tension between their philosophy of action as applied to the law of negligence and the idea that the directive-based relationality thesis is central and, therefore, the action and conduct of the defendant should not be part of the core explanation of the tort of negligence.
- Subjects
TORT theory; NEGLIGENCE; GOLDBERG, John; RESPONSIBILITY; FAIRNESS
- Publication
Law & Philosophy, 2022, Vol 41, Issue 1, p63
- ISSN
0167-5249
- Publication type
Article
- DOI
10.1007/s10982-021-09430-w