Jeff Todd, ‘The Poetics and Ethics of Negligence’

Steve Hedley on 24 December 2014 — Leave a Comment

Abstract:
This article applies the rhetorical theories of Kenneth Burke to show how the trope of the reasonably prudent person under the same or circumstances is a more effective – and more ethical – approach to negligence than negligence per se.

Todd, Jeff, The Poetics and Ethics of Negligence (2013). California Western Law Review, Vol 50, pp 75-132.

(Visited 3 times, 1 visits today)

Posted in Deontology and Moral Responsibility, Negligence, Tort

Annual Conference on the Intersection of Corporate Law and Technology: online, 27 June 2022

Papers will explore a wide range of key issues that arise out of the interaction of Corporate law with technology. During the first day of the conference, the focus will be upon a wide array of issues arising from the use of emerging technologies, considering ethical and political aspects, including competition and intellectual property law-related concerns … (more)

IVR World Congress: Bucharest, 3-8 July 2022

Justice is a central aspiration of human beings. It is the distinguishing human virtue as Plato observed. Justice is searched for in individual relations and forms at the same time a guiding principle for the political and legal order of human societies. Justice is intrinsically related to equality … (more)

Global Meeting on Law and Society: Lisbon, 13-16 July 2022

This will be the 7th Global conference, which is held approximately every 5 years. #GlobalLawSociety2022 will also feature hybrid components for those who cannot make the trip to Portugal … (more)

Society of Legal Scholars, 113th Annual Conference: King’s College London, 6-9 September 2022

In September 2022 we look forward to welcoming delegates to King’s College London for the 113th annual conference of the Society of Legal Scholars. This year’s conference theme is ‘The links and connections to legal development’ … (more)

What’s new in EU family law? High-level conference on the Brussels IIb Regulation: European Parliament Brussels and Online, 8 September 2022

This high-level conference aims to draw attention to the novelties and important changes introduced by the Brussels IIb Regulation, which enters into application on 1 August 2022, and to provide a forum for an exchange of views with legal practitioners on cross-border family disputes … (more)

Book Launch: ‘Landmark Cases in Privacy Law’: Zoom, 14 September 2022

This new addition to Hart’s acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law … (more)

‘Codification of Civil Law in Asia: Achievements and Challenges’: Hue University of Law, Vietnam, 16 September 2022

This is the first international conference held in Vietnam dedicated wholly to researching, analyzing, and discussing the experiences of codifying civil law in Asian countries, with an emphasis on China, Vietnam, and a few other countries where civil law has recently witnessed important codification, recodification, and even de-codification projects … (more, call for papers)

2nd Zagreb International Conference on the Law of Obligations: University of Zagreb, 28-30 September 2022

The conference welcomes paper proposals from scholars and practitioners in the field of the law of obligations. Proposals have to be related to one of the topics of the conference. Timely submitted proposals will be considered by the Scientific Committee … (more, call for papers)

‘Lawtomation Day 2022’: Madrid, 30 September 2022

This day, we will host at the IE Tower in Madrid, a multidisciplinary conference aimed at exploring the relationship between law and automation, as well as the impact of algorithms and artificial intelligence (AI) on constitutional values, human rights, workplace practices and legal remedies … (more, call for papers)

Cryptocurrencies, Smart Contracts, and Alternative Payments: Regulating the ‘Wild West’: IALS, London, 13-14 October 2022

2021 was a busy year for cryptocurrency. China banned Bitcoin, whereas El Salvador declared Bitcoin to be legal tender. The UK started exploring the possibility of a Central Bank Digital Currency (CBDC), while Nigeria went a step further and introduced its own CBDC, the eNaira … (more, call for papers)

The Law in the 21st Century – Challenges and Perspectives: University of Plovdiv, Bulgaria, 13-14 October 2022

The upcoming forum is open for diverse legal issue discussions. Conference papers are welcome in all fields of law, as well as interdisciplinary researches in connection with law. The conference will take place on 13 and 14 October 2022 at the University Rectorate with an option for online participation … (invitation, author guidelines, registration)

‘Law and Art in the 19th Century: Power in Images’: Verona, 19-21 October 2022

Sometimes faithful reproductions of the legal values produced at the time, sometimes exaltation, transfiguration or denunciation of certain aspects of the legal system. Art, like law, is a human factor that is sometimes able to assert itself from below, from the society that produces it; at other times it comes from above … (more, call for papers)

Conflict of Laws in Trusts and Estates: Tulane University School of Law, 21 October 2022

Tulane University School of Law and The American College of Trust and Estate Counsel’s Legal Education Committee are organizing the 9th academic symposium financially supported by The ACTEC Foundation … (more, call for papers)

The Future of the Commercial Contract in Scholarship and Law Reform: Online event, 21 October 2022

Special themes in 2022 are: (1) Standards and values in international commercial litigation; (2) Business organisations as a nexus of contract from a digital perspective; (3) general theory of merchant law; (4) Issues in international commercial arbitration including investment treaty arbitration, mediation and reconciliation … (more, call for papers)

Arbitration in Britain and its Empire: Developments and Divergences: IALS, London, 22 October 2022

The event will involve two panel discussions relating to the development and changing practices of arbitration and alternative dispute resolution. The symposium will culminate with a plenary lecture … (more)

‘Rethinking copyright flexibilities’: University of Cyprus, in Nicosia, 31 October – 1 November 2022

The aim of the conference is to critically discuss the state of the art and evolution of copyright flexibilities in Europe, particularly in light of the most recent interventions of the EU legislators and landmark decisions of the Court of Justice of the EU … (more, call for papers)

Rights in Rem in the European Union: Rovira i Virgili University, Catalonia, 10-11 November 2022

This seminar seeks, on the one hand, to define the concept of rights in rem in the framework of European Private international law and of Comparative law, and, on the other hand, to identify the problematic aspects arising from the characterisation of such a concept … (more)

Information Law and Policy Centre’s 7th Annual Conference: IALS, 17-18 November 2022

We are looking for high quality contributions that explore the impact of policymaking focused on ensuring ‘online safety’ and the increased use of data- driven systems that are increasingly connecting all aspects of society, particularly the implications of these changes for the rights and responsibilities of individuals and organisations … (more, call for papers)

Innovation in the History of Law: Ius Commune Workshop, Maastricht, 24-25 November 2022

The workshops on ‘Comparative Legal History – Ius Commune in the Making’ aim to reveal and understand the nature and effects of various legal formants in the development of law … (more, call for papers)

German Conference for Young Scholars in Private International Law 2023: Sigmund Freud University, Vienna, 22-23 February 2023

The theme of the conference will be: ‘Deference to the foreign – empty phrase or guiding principle of private international law?’ As part of any legal system, rules of private international law are determined by the principles of the respective national jurisdiction, but they also open up the national system to foreign rules … (more, call for papers)

Fraud and Risk in Commercial Law: National University of Singapore, 16-17 June 2023

We are pleased to announce a call for papers for the Second Conference of the Commercial Law series co-organised by UCL, City University of Hong Kong, Notre Dame Law School and NUS EW Barker Centre for Law and Business. The focus will be on topics exploring the problems with fraud and risk in commercial law … (more, call for papers)

The HCCH 2019 Judgments Convention – Bonn University, 9-10 June 2023

As there are reasonable expectations for the HCCH 2019 Judgments Convention to enter into force by the end of 2022 or early 2023, we are confident – especially with a view to the latest Proposal of the European Commission – that we will experience an even more focused and rewarding discussion of our topic … (more)

Obligations X: ‘Private Law and the State’: Banff, 11-14 July 2023

The theme for Obligations X is Private Law and the State. This theme will allow participants to explore numerous questions concerning the relationship between private law obligations and the state as a public institution … (more)

Search this site

Discussion Groups

The most recent posts to Enrichment (the Restitution Discussion Group) and the Obligations Discussion Group.

Current Top Posts

‘English High Court ruling on NFTs “hugely significant” for fraud victims’
James Goudkamp, ‘From strict liability to fault liability in the law of torts’
‘Liability without Wrongdoing’
Recently published: Common Law and Civil Law Perspectives on Tort Law (Bussani Sebok and Infantino)
Gregory Alexander, ‘Hanoch Dagan and the Liberal Concept of Autonomy’
Jason Varuhas, ‘Transcending the Public Law-Private Law Divide’
Lynn Jansen, ‘Two Models of Informed Consent’
Joshua Fairfield, ‘Tokenized: The Law of Non-Fungible Tokens and Unique Digital Property’
Hans-Wolfgang Micklitz, ‘Discussion: Society, Private Law and Economic Constitution in the EU’
‘Tort claims for economic loss on construction projects – Avantage v WSP’
Tor Ming En, ‘An expanded core of trusteeship or non-derogable residual obligation? A critical evaluation of pro-beneficiary approaches towards anti-Bartlett clauses after Zhang Hong Li v DBS Bank [2019] HKCFA 45′
Larissa Katz, ‘Ownership and Offices: The Building Blocks of the Legal Order’
Colin Mayer, ‘What is Wrong with Corporate Law? The Purpose of Law and the Law of Purpose’
Conor Ewing, ‘Continuing to cause problems? Limitation in professional negligence cases’
Laura Burgers, ‘An Apology Leading to Dystopia: Or, Why Fuelling Climate Change Is Tortious’

Subscribe by e-mail

Leave This Blank:Leave This Blank Too:Do Not Change This:

Your email:

Private Law Theory