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Essay / Research Paper Abstract
3 pages in length. The writer offers a brief overview of Richard Posner's article entitled 'A Theory of Negligence.' No additional sources cited.
Page Count:
3 pages (~225 words per page)
File: LM1_TLCnegli.doc
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not so much a problem as is determining when and where it might be applied, inasmuch as one can readily argue that the very notion of negligence is completely relative
to the situation at hand. Posner speaks of the historical importance of negligence so as to establish a foundation for his article, which allows for the reader to gain
significant insight to the reason for the theorys existence in the first place. Early on in his writing, however, the author delves into issues of morality and social conscience
as they relate to the negligence theory, contending that "negligence is an objective standard" (Posner 17). Indeed, the theory of negligence may appear rather clear-cut and self-explanatory; however, there are
myriad implications that one must address upon reading Posners viewpoint. For example, the author attempts to demonstrate the dependent variables that may exist with any given set of circumstances
by citing a situation that involves personal perception. "A man may be adjudged negligent thought he did his best to avoid an accident and just happens to be clumsier
than average" (Posner 17). This illustration as it relates to negligence leaves one postulating an even deeper concern: Is there a line drawn to protect those who cannot readily
take responsibility for their actions? Posner addresses this concern when he speaks of mentally unstable people who, with little or no ability to know right from wrong, are held
responsible for their negligent actions. To this end, the author goes on to separate careless negligence from that which results from an unavoidable accident. "In such chance-encounter accidents
it is unrealistic to expect much bargaining between the parties in advance over the level of safety and the economic function of liability is evident: it is to bring about
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