Finding No Fault with Negligence

Research output: Chapter in Book/Report/Conference proceedingChapter


This chapter advances the argument that negligence is not morally blameworthy, and that negligence liability thus amounts to strict liability. Inasmuch as most corrective justice theorists consider it an injustice to impose liability without fault, the argument of this chapter suggests that (1) they must give up their conviction that tort law should correcting injustices; or (2) they must give up their conviction that injustices occur only when blameworthy persons cause harms; or (3) they must denounce negligence liability and work towards the adoption of a tort system that maps civil liability onto conditions of genuine moral fault.
Original languageEnglish (US)
Title of host publicationPhilosophical Foundations of the Law of Torts
EditorsJohn Oberdiek
PublisherOxford University Press
ISBN (Print)9780198701385, 9780191005077
StatePublished - 2013

Publication series

NamePhilosophical foundations of law


  • corrective justice
  • character
  • unexercised capacity(ies)
  • inadvertence
  • fault
  • strict liability
  • negligence


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