Arts and Humanities Commons^™

Rights-Based Theories Of Accident Law, Gregory J. Hall

All Faculty Scholarship

This article shows that extant rights-based theories of accident law contain a gaping hole. They inadequately address the following question: What justifies using community standards to assign accident costs in tort law?

In the United States, the jury determines negligence for accidental harm by asking whether the defendant met the objective reasonable person standard. However, what determines the content of the reasonable person standard is enigmatic. Some tort theorists say that the content is filled out by juries using cost benefit analysis while others say that juries apply community norms and conventions. I demonstrate that what is missing from this …

Healthcare And Justice: A Moral Obligation?, Ian Henneberger

Philosophy Honors Papers

No abstract provided.

Liberté, Égalité, Sororité: How Care Ethics Informs Social Justice, Maurice Hamington

Philosophy Faculty Publications and Presentations

Virginia Held has claimed that "there can be care without justice" but "there can be no justice without care." Alternatively, bell hooks has suggested that there can be "no love without justice." What is the relationship between justice and care? Does justice need an emotive, particularist, contextual aspect or is it fundamentally a universal and abstract concept?

Care ethics, as contemporary feminists have defined it, is only a quarter of a century old. When theorists were first struggling to distinguish this new ethical approach, some chose to sharply differentiate it from theories of justice. Now that care ethics has matured …