Private Law Theory

Introduction
“Strict liability in tort law is thought by some to have a moral counterpart. It’s been said that a person is, or can be, morally obligated to make restitution to those he harms or whose property he damages regardless of whether he’s culpable for the injury or the behavior from which it resulted. Others, however, deny this, insisting that a person is under no moral obligation to redress injuries for which he isn’t morally to blame, even if his behavior contributed causally to those injuries. So who are we to believe? Is there strict liability in the moral domain, and if so, what are its normative foundations? I’ll argue that indeed there is …” (more)

Justin A Capes, ‘Strict moral liability’, Social Philosophy and Policy, forthcoming.

First posted 2018-07-17 19:34:45