Reasonableness and Risk
Year: 2025
Type: article
Abstract: 71 This article responds to four thoughtful critics of my book Reasonableness and Risk (OUP, 2022). In response to Felipe Jiménez’ argument that my view is instrumentalist, I explain why I think that instrumentalism and formalism play complementary roles in my view. Because persons, not law, have intrinsic value, the formal concepts of the law must be articulated in ways which further the interests of the persons whose relations they govern. My reply to Diego M Papayannis explains why I believe that strict liability does not collapse into a price system when it is understood as a conditional wrong, and why even administrative schemes do interpersonal justice. Agreeing with Jenny Steele, I elaborate on why my view is supportive of her thesis that enterprise liability informs modern negligence law. In response to Silvia Zorzetto, I explain how it is that my view moves from the metaphysics that she emphasizes to moral and political theory.
Source: Journal of European Tort Law
Author: Gregory C Keating
Institution: University of Southern California
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,712
OpenAlex ID: W4409442922