Responsibility for Negligence in Ethics and Law : Aspiration, Perspective, and Civic Maturity (Oxford Private Law Theory)

Negligent or inadvertent action in both law and ethics is a matter of agency. The pre-theoretical and philosophical views agree that we are responsible for things that we do intentionally, but it is less clear whether we are responsible for inadvertent or negligent actions. The law of negligence in tort law attributes responsibility for inadvertent acts, while in ethics there is deep and serious scepticism about the responsibility for negligent or inadvertent action. How can we be responsible for things that happen beyond the realm of our knowledge or control? Positioned at the intersection of law and ethics, Responsibility for Negligence in Ethics and Law: Aspiration, Perspective and Civic Maturity responds to these fundamental questions by advancing the idea that the underpinning feature of negligent or inadvertent acts is the phenomenon of akrasia - the lack of integration of character and intelligent thinking. When we act akratically, we are acting contrary to our deliberated intention, due to an uneven development of character and thoughts about what is right, dutiful, and good. Using an Aristotelian-inspired model of deliberation, the book illustrates how legal decisions in negligence invite citizens to adopt a deliberative-aspirational perspective. This perspective encourages them to reshape, redescribe, and rethink their duties of care to meet the aspirational standard of the reasonable person. Consequently, the book argues that the purpose of negligence law is to promote values of citizen engagement and civic maturity. Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to rethink private law's purpose and methodology.