Abstract

This paper revisits the Pinto case not merely for the purpose of demythologizing the case, but as an opportunity to examine the broader issue of the logic of blame, the ascription of legal and moral responsibility. Three issues are addressed in the contexts of fault and liability in tort, criminal liability and product liability: 1) To what extent can judgments of moral wrongdoing or blame be inferred from legal judgments? 2) What are the strengths and weaknesses of attempting to model moral arguments upon legal ones? and, 3) What is the nature and role of judgments of risk evaluation in legal and moral judgments?