Reasonable Precaution for the Individual

Dov Waisman

Journal: St. John's Law Review

Volume: 88

Year: 2015

Bluebook Citation: 88 ST. JOHN'S L. REV. (2015)

Author: Dov Waisman: all 5 publications


Abstract

(Excerpt) This Article has four parts. In Part I, I introduce the question to be explored and describe Barbara Fried's challenge to any attempt to answer that question without summing costs and benefits across persons. Part II responds directly to Fried's challenge, presenting the individualized feasibility principle as a viable, nonaggregative interpretation of reasonable precaution. In Part III, I explore the theoretical underpinnings of the IFP, drawing on a theory of normative ethics known as ex ante contractualism.

Part IV concludes.

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