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Although “reasonable care” may sound like a simple, straightforward standard, its simplicity is also its problem: there may be situations in which we wish there were more guidance to settle upon a judgment of negligence, even with the facts clearly presented. Suppose a six-year-old playing a game of tag in the local park knocks over a responsibly-behaving passerby. Does reasonable care naturally scale to meet a six-year-old's capacities? Should it?
How to judge a six-year-old opens the door to a broader question that as the ring of applied philosophy to it: to what extent should society forgive, and reflect in its standards, the infirmities and limitations of a defendant? How much should expectations be raised for those with extra abilities?EDIT PLAYLIST INFORMATION DELETE PLAYLIST
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|1.1||Show/Hide More||Vaughan v. Menlove--"The Unreasonable Hay Stacker"|
|2||Show/Hide More||VII.B. The Effect of Defendant's Infirmities and Limitations on the Standard|
|2.1||Show/Hide More||McCarty v. Pheasant Run--"The Chained, But Unlocked, Sliding Door"|
|2.2||Show/Hide More||Roberts v. Ramsbottom--"The Driver Who Had a Stroke"|
May 21, 2013
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