Veronica Rodriguez-Blanco, ‘The Law of Negligence, Blameworthy Action and the Relationality Thesis: A Dilemma for Goldberg and Zipursky’s Civil Recourse Theory of Tort Law’

ABSTRACT
In this paper, I discuss Goldberg and Zipursky’s Recognizing Wrongs and argue that there is a tension between their philosophy of action as applied to the law of negligence and the idea that the directive-based relationality thesis is central and, therefore, the action and conduct of the defendant should not be part of the core explanation of the tort of negligence.

Veronica Rodriguez-Blanco, The Law of Negligence, Blameworthy Action and the Relationality Thesis: A Dilemma for Goldberg and Zipursky’s Civil Recourse Theory of Tort Law, Law and Philosophy (2021), https://doi.org/10.1007/s10982-021-09430-w. Published: 2 November 2021.

First posted 2021-11-08 09:00:08

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