Responsibility for negligence in ethics and law : aspiration, perspective, and civic maturity / Verónica Rodríguez-Blanco.

Format:

Book

Author/Creator:

Rodriguez-Blanco, Veronica, Author.

Series:

Oxford private law theory http://id.loc.gov/resources/hubs/a2085768-a915-4bae-dbe7-274e3ed35a0c

Oxford private law theory

Language:

English

Subjects (All):

Negligence--Philosophy.

Negligence.

Law--Ethics--Philosophy.

Law.

Physical Description:

1 online resource (xxxi, 255 pages).

illustrations.

Place of Publication:

Oxford ; New York, NY : Oxford University Press, [2025]

Summary:

Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to consider the responsibility for negligent or inadvertent action.

"The idea of responsibility for negligent actions is perplexing because it states that we may be responsible when we act inadvertently. However, why should I be held responsible for acting unreasonably when my inherent faults in character or the circumstances of my actions prevented me from being aware of or noticing them? The book demonstrates that akrasia is the underpinning phenomenon that elucidates negligent action. It provides an explanation of akrasia, which revolves around the idea that the phenomenon occurs due to an uneven development of our character and thoughts about what is right, dutiful, and good. As a result, we fail to move ourselves forward and transform towards an aspirational-deliberative perspective. The monograph argues that there is an internal structure in negligence law that expands and embraces what is good, rightful, and dutiful. This does not mean that the law engages with non-juridical ‘external’ ends or values. On the contrary, the argument posits that courts’ decisions enable us to have a better grasp of what is good, rightful, and dutiful in the concrete particularities of actions. Courts’ decisions advance proleptic reasons, which are integral to the citizens’ practical reasoning. Proleptic means that, as reasoners, citizens can anticipate thoughts and ways of valuing that will help them to move forward and transform themselves through deliberating and acting. Negligence law invites the citizen to inhabit an aspirational-deliberative perspective, describing and re-describing the relevant values presented in particulars, allowing a space for civic maturity"-- Oxford Academic.

Contents:

The puzzle of negligence in law and ethics

Scepticism about negligence

The balancing model of deliberation

The Aristotelian-inspired model of deliberation and practical reason

Becoming good : Reflection and ways of inhabiting the deliberative-aspirational perspective

Taking akrasia seriously

Legal theory and the law of negligence : Reclaiming practical reasoning and valuing in the domain of law

Rival conceptions of responsibility for negligence in ethics : Limits and lessons to learn

Revising the puzzle of negligence : Transforming the citizen towards civic maturity.

Notes:

Includes bibliographical references and index.

Online resource; title from home page (Oxford Academic, viewed November 25, 2025).

Other Format:

Print version: Rodriguez-Blanco, Veronica. Responsibility for negligence in ethics and law

ISBN:

0198948190

9780198948209

0198948204

9780198948216

0198948212

9780198948193

OCLC:

1504691212

Publisher Number:

CIPO000208094

CIPO000300866

Access Restriction:

Restricted for use by site license