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Morally permissible risk imposition and liability to defensive harm

Burri, Susanne (2019) Morally permissible risk imposition and liability to defensive harm. Law and Philosophy. ISSN 0167-5249 (In Press)

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Abstract

This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that sub- sequently threatens objectively unjustied harm. It rst claries the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm ground this liability in the luck egalitarian thought that individuals may justly be held responsible for the consequences of their choices. Against this, I argue that a commitment to holding people responsible can ground defensive liability only against the backdrop of a distributively just society. I conclude by suggesting that if an account of liability applies across distributively just and unjust contexts alike, then what grounds an agent's liability is plausibly not her responsibility for threatening objectively unjustied harm, but her culpability for doing so. 1

Item Type: Article
Additional Information: © 2019 Springer Nature B.V.
Divisions: Philosophy, Logic and Scientific Method
Subjects: B Philosophy. Psychology. Religion > BC Logic
K Law > KD England and Wales
Date Deposited: 23 May 2019 15:57
Last Modified: 10 Sep 2019 23:08
URI: http://eprints.lse.ac.uk/id/eprint/100876

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