Christopher Brett Jaeger, ‘A Two-System Theory of Negligence’, 93 University of Chicago Law Review (forthcoming), available at SSRN (9 September 2026). Tort negligence, like Gaul, is divided into three parts. The first territory is conscious negligence: the actor, aware of the risks, nevertheless chooses to take them, and is unreasonable in doing so. The second is inadvertent negligence: the actor is unaware of the foreseeable and unjustifiable risks, and that ignorance is unreasonable. And the third is a failure to safely execute a task, a failure that is unreasonable … (more)
[Kenneth W Simons, JOTWELL, 23 September 2026]
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