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.
|Name||Philosophical foundations of law|
- corrective justice
- unexercised capacity(ies)
- strict liability