Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Negligence And Accommodation: On Taking Others As They Really Are, Avihay Dorfman
Negligence And Accommodation: On Taking Others As They Really Are, Avihay Dorfman
Avihay Dorfman
Disagreements over the morality and the efficiency of the standard of reasonable care are at the root of the study of negligence law (and, perhaps, tort law as a whole). They typically proceed as though the most important question that needs to be addressed is that of the content of this standard, namely, the question of what reasonable care is. However, in these pages I shall argue that there exists another important question, which is to say the manner in which reasonable care is evaluated. This question, I show, is neither fixed by nor subservient to the content of the …
Is Negligence A First Cousin To Intentionality? Lay Conceptions Of Negligence And Its Relationship To Intentionality, Narina Nunez
Is Negligence A First Cousin To Intentionality? Lay Conceptions Of Negligence And Its Relationship To Intentionality, Narina Nunez
Narina Nunez
In three studies, we examined lay conceptions of negligence and how they are used when making judgments about actors’ intentions, negligence, and blame. Study 1 examined the extent to which participants agreed about what constitutes negligence and accidents. After finding a high level of agreement between participants, Study 2 explored the features that defined participants’ folk understanding of negligence. Additionally, we examined if definitions of negligence overlapped with key features of definitions of intentionality proposed in the literature. Study 2 suggested there were some key overlapping features and differences between negligence and intentionality. Finally, Study 3 examined how two key …