Chapter

The Sense of Judgment and Moral Blame

H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0012
The Sense of Judgment and Moral Blame

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The first two sections of this chapter consider some representative theories that have stressed the intuitive character of judgments of proximate cause and their dependence on judgments of moral blame. The third section describes briefly the various ways in which courts limit the scope of torts such as negligence out of considerations of policy which should be distinguished from limitations on responsibility in individual cases arising from the law's use of the causal principles outlined in Chapter VI.

Keywords: moral blame; tort law; judgment; negligence; responsibility

Chapter.  8182 words. 

Subjects: Jurisprudence and Philosophy of Law

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