Abstract

The aim of this paper is to outline a novel rationale for the negligence standard of liability in tort law. On this view, the negligence standard has a causal character which is seldom recognized, but which was recognized by Aristotle, who first formulated the standard. The proposed rationale is extracted from its Aristotelian roots and presented as an alternative to the two others which have been discussed in recent years, both of which are widely regarded as flawed.