The Problem with Negligence

Social Theory and Practice 35 (4):577-595 (2009)
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Abstract

Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is relevantly indistinguishable from inadvertence, which is ordinarily thought to excuse agents from responsibility. I argue that the parallels between negligence and inadvertence suggest that negligent agents are not responsible for the harms they produce, while proposing an alternative model for distinguishing between negligence and inadvertence that does justice to our intuitions.

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Matt King
University of Alabama, Birmingham

Citations of this work

Artificial intelligence and responsibility gaps: what is the problem?Peter Königs - 2022 - Ethics and Information Technology 24 (3):1-11.
The epistemic condition for moral responsibility.Fernando Rudy-Hiller - 2018 - Stanford Encyclopedia of Philosophy.
Risky Killing: How Risks Worsen Violations of Objective Rights.Seth Lazar - 2019 - Journal of Moral Philosophy 16 (1):1-26.
Minding Negligence.Craig K. Agule - 2022 - Criminal Law and Philosophy 16 (2):231-251.

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