Vol. 39 No. 1 (2019)
Articles

Negligence, Inadvertence, and Moral Responsibility: An Assessment of King’s ‘The Problem with Negligence’

Alejandro Mosqueda
Universidad Autónoma Metropolitana, Cuajimalpa (UAM-C)

Published 2019-05-01

Keywords

  • Negligencia,
  • Inadvertencia,
  • Estándar de Conducta,
  • Responsabilidad moral
  • Negligence,
  • Inadvertence,
  • Standard of Conduct,
  • Moral Responsibility

Abstract

This paper is an assessment of the conclusion that negligent agents are not morally responsible for the damages they cause, reached by Matt King in “The Problem with Negligence” (2009). King’s argument involves two difficult issues that are often disregarded in discussions about moral responsibility. One is that it is not clear why we usually attribute responsibility in cases of negligence but not in cases of inadvertence even though both phenomena are characterized by the absence of conscious mental elements. The other is that any explanation of the responsibility attributed in cases of negligence and in paradigmatic cases should shed light on the features that both cases share. I will review these issues involved in King’s argument in order to avoid his conclusion and to clarify some important matters of our attribution of responsibility in cases of negligence and in cases of inadvertence.

References

Baker, B. (1983), “The Excuse of Accident”, Ethics, 93 (4), pp. 695-708.
Fletcher, G. (1996), Basic Concepts of Legal Thought, New York, Oxford University Press.
Fletcher, G. (1998), Basic Concepts of Criminal Law, New York, Oxford University Press.
Hart, H. L. A. (2008), Punishment and Responsibility: Essays in the Philosophy of Law, Oxford, Oxford University Press, 2nd ed.
King, M. (2009), “The Problem with Negligence”, Social Theory and Practice, 35 (4), pp. 577-595.
Rosen, G. (2004), “Skepticism about Moral Responsibility”, Philosophical Perspectives, 18, pp. 295-313.
Strawson, P. F. (1974), “Freedom and Resentment”, in Strawson, P. F. Freedom and Resentment and Other Essays, London, Methuen.
Sverdlik, S. (1993), “Pure Negligence”, American Philosophical Quarterly, 30, pp. 137-149.