Veronica Rodriguez-Blanco, ‘Revising the Puzzle of Negligence: Transforming the Citizen Towards Civil Maturity’, 68 American Journal of Jurisprudence 105 (2023). This lively and concise article surveys aspects of the philosophy of corrective (classically, commutative) justice in the domain of the Law of Torts, specifically the law of negligence. It begins by outlining the central problem: that the lawyer’s concepts of equality, principle and right do not seem relatable to the moral concepts most readily attributive to citizens, those of virtue, value and good. In a beautiful analytical movement, the author demonstrates that such divisions are merely apparent, not real. In doing so, the article connects this theme to that of moral luck: the idea that we may not, in fact, be in control of the consequences of our action such, that it is, at least, problematic to ascribe legal responsibility to our negligent actions … (more)
[Sean Coyle, JOTWELL, 19 December 2023]
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