Barbara Fried, ‘Facing Up To Risk’

By banishing decision-making in the face of uncertainty (risk) to the margins of tort theory, nonconsequentialist legal philosophers have obscured the quotidian, unavoidable, and ubiquitous tradeoffs we face in almost every arena of life. This article explores the historical antecedents of the marginalization of risk in contemporary moral philosophy, and details how legal philosophers have deflected the challenge that risk poses to any nonconsequentialist theory of tort liability.

Barbara H Fried, Facing Up To Risk, Journal of Legal Analysis, volume 10, 2018, Published: 14 August 2019.

Leave a Reply