I am under the impression that in US law, negligence only comes into play when there already exists a prior positive obligation of care.

As to masculine and feminine, or the US or other places, I think those wrt to the question, are mist and fog as opposed to clear air.

I am under the impression that in US law, negligence only comes into play when there already exists a prior positive obligation of care. — tim wood

Not really. Lack of knowledge about the law is a form of negligence in the US!

Not really. Lack of knowledge about the law is a form of negligence in the US! — Shawn

Now you're confused and confusing. Not knowing the law is not exculpatory with respect to guilt - ignorance not an excuse! But you have to be guilty of something, first.

Now you're confused and confusing. Not knowing the law is not exculpatory with respect to guilt - ignorance not an excuse! But you have to be guilty of something, first. — tim wood

Yeah; but, as a Kantian yourself, doesn't negligence stand as a form of lack of duty or its detriment? I've always viewed law in the US as neo-Kantian???

No. Now it's time for you to give a definition of negligence. At the moment it's a moving target.

No doubt in your town and accessible to you is someone whose need right now is greater than your own, that you could ameliorate. Do you have an obligation to right now get off your thrown and throw yourself into helping that person until they're helped or cured or fixed, or you exhausted in the process?

Kant is not about duty, but rather reason, and with respect to duty, what reason can tell him about duty. The ducks don't march right unless you get them in order first.

No. Now it's time for you to give a definition of negligence. At the moment it's a moving target. — tim wood

No it's not:

https://www.google.com/search?q=negligence

Same shit in every dictionary. Fundamentally, a lack of care.

https://www.law.cornell.edu/wex/negligence

Definition
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).

Overview
Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965).

Four elements are required to establish a prima facie case of negligence:

the existence of a legal duty that the defendant owed to the plaintiff
defendant's breach of that duty
plaintiff's sufferance of an injury
proof that defendant's breach caused the injury (typically defined through proximate cause)

Good job! I extract two clauses: "when there is some duty to act," and, "Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."

And a third: "the existence of a legal duty that the defendant owed to the plaintiff."

And there I think you have the whole substance of the matter - so far as law is concerned.

A comforting thought, eh? American lawyers are really closet Kantians, haha!

:cool:

It's not surprising that a nation that idolises "self-reliance" should find it necessary to enforce laws against negligence. Caring for other people is not part of the 'mercan way.

Seeing 'mercans protesting to be allowed to make each other sick... leaves the rest of humanity non-plussed.

They seem like nice people.

Yeah. Which only makes it weirder.

Must be the fluoride in the water or some nice chemicals in the air or bleach white bread.

Look, Americans are good people. They just don't want to live in fear despite bed fed it 24/7.

Yeah... just, wtf?

Utah. They're likely Mormons.

Hey, that's a bit rude...


...oh, morMons

Maybe, an emphasis on negligence, the curtailment thereof, is common sense: take care of the pennies and the pounds will take care of themselves. :chin: Make negligence punishable and people will perform their duty well

Banno
7.4k
It's not surprising that a nation that idolises "self-reliance" should find it necessary to enforce laws against negligence. Caring for other people is not part of the 'mercan way.

Seeing 'mercans protesting to be allowed to make each other sick... leaves the rest of humanity non-plussed. — Banno

They do seem like nice people...and, as you mentioned, that "only makes it weirder."

What on Earth could they be thinking...assuming they are "thinking?"