TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, October 8, 2021

Waldron on Duty

Jeremy Waldron has posted to SSRN On Duty.  The abstract provides:

Duties are normally understood prescriptively, in terms of the particular action a given duty requires. This essay, however, considers an alternative understanding. Duties may be understood by reference to situations for which the duty-bearer takes responsibility. (Not responsibility in a causal sense, but responsibility in a forward-looking sense--like being "on duty"). The paper explores the difference between these two understandings of duty and the attractions of the situational version. One attractive feature of the situational understanding is that it is open-ended (rather than settled and determinate) in the sense it conveys of what might be expected of the duty-bearer.

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