Ethics of Negligence
In the United States, there's a special occupation with negligence.
Negligence is something intimately related to care. Care seems to be a version of a more feminine side of ethics rather than the masculine version of its lack-of. I find this paradoxical, that the US is so concerned with negative ethics as defined as 'negligence'.
I ask the reader to analyze as to why negligence is such an important feature of US law? What is it about embracing a negative view of ethics that drives decision making in the court of law in the US?
Negligence is something intimately related to care. Care seems to be a version of a more feminine side of ethics rather than the masculine version of its lack-of. I find this paradoxical, that the US is so concerned with negative ethics as defined as 'negligence'.
I ask the reader to analyze as to why negligence is such an important feature of US law? What is it about embracing a negative view of ethics that drives decision making in the court of law in the US?
Comments (19)
Not really. Lack of knowledge about the law is a form of negligence in the US!
Yeah; but, as a Kantian yourself, doesn't negligence stand as a form of lack of duty or its detriment? I've always viewed law in the US as neo-Kantian???
No it's not:
https://www.google.com/search?q=negligence
Same shit in every dictionary. Fundamentally, a lack of care.
Definition
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
Overview
Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965).
Four elements are required to establish a prima facie case of negligence:
the existence of a legal duty that the defendant owed to the plaintiff
defendant's breach of that duty
plaintiff's sufferance of an injury
proof that defendant's breach caused the injury (typically defined through proximate cause)
A comforting thought, eh? American lawyers are really closet Kantians, haha!
:cool:
Seeing 'mercans protesting to be allowed to make each other sick... leaves the rest of humanity non-plussed.
Must be the fluoride in the water or some nice chemicals in the air or bleach white bread.
Look, Americans are good people. They just don't want to live in fear despite bed fed it 24/7.
...oh, morMons
They do seem like nice people...and, as you mentioned, that "only makes it weirder."
What on Earth could they be thinking...assuming they are "thinking?"