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Фото: Nathan Howard / Reuters。谷歌对此有专业解读
Perhaps the most promising explanation sounds in a line of thought once voiced by Justice Holmes, whose hostility to moralist accounts of tort law (and the commitments of ordinary moral thought) was decidedly inconstant. Holmes suggested that an agent cannot properly be held responsible for an outcome, in morality or in law, unless the agent could have avoided it by choosing differently, for otherwise the agent would lack control over incurring such responsibility.360 It is an attraction of this explanation that it might make sense of the intuitive moral phenomenon embedded in doctrines such as transferred intent and the culpability-sensitivity of proximate cause: Culpability can widen the scope of a wrongdoer’s liability beyond the boundaries of reasonable foreseeability. The complaint that one could not have avoided causing an outcome rings more hollow if one has caused it through an egregiously culpable and wrongful action, for such actions are easier to avoid than mildly or moderately culpable ones.
InfluenceWatch (Windward)