McCarthy, D., Liability and risk. Philosophy and Public Affairs 25(3) (1996): 238–62.
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| Abstract
Standard theories of liability say that X is liable to Y only if Y was harmed, only if X caused Y harm, and (usually) only if X was at fault. This article offers a series of criticisms of each of these claims, and use them to construct an alternative theory of liability in which the nature of X's having imposed a risk of harm on Y is central to the question of when X is liable to Y, and for how much. The article ends with some conjectures on ignorance as an excusing condition.
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