Jump to ContentJump to Main Navigation
Causation and ResponsibilityAn Essay in Law, Morals, and Metaphysics$
Users without a subscription are not able to see the full content.

Michael S. Moore

Print publication date: 2009

Print ISBN-13: 9780199256860

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199256860.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 24 October 2017

Normative Problems in Applying the Harm-within-the-Risk Test to Crimes/Torts of Negligence

Normative Problems in Applying the Harm-within-the-Risk Test to Crimes/Torts of Negligence

Chapter:
(p.198) 9 Normative Problems in Applying the Harm-within-the-Risk Test to Crimes/Torts of Negligence
Source:
Causation and Responsibility
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199256860.003.0009

This chapter argues that as applied to crimes and torts of negligence, the harm within the risk test is morally undesirable. This is because negligence is the least culpable mental state on which tort or criminal liability is predicated, and because negligent wrongdoers who cause harms ‘outside the risk’ deserve punishment (and deserve to pay compensation) in line with the harms they caused, not the harms they risked.

Keywords:   harm, within the risk, outside the risk, negligent wrongdoers

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .