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BIOUNCERTAINTY - ERC Starting Grant no. 805498
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Research seminar: dr Maciej Juzaszek, ‘Tort Liability without Taking Responsibility’
We have the pleasure to invite You for yet another research seminar organized as part of the ‘BIOUNCERTAINTY’ research project. The subject of the seminar is ‘Tort Liability without Taking Responsibility’ and it will be delivered by dr Maciej Juzaszek from the Chair of Theory, Philosophy and History of Law of the Leon Kozminski Academy in Warsaw. The seminar will take place on Wednesday, 27th March, at 5:30pm (planned until 7pm) in romm 25 of the Institute of Philosophy, 52 Grodzka Street.
Abstract
According to the compensation system based on the no-fault principle, a perpetrator is not liable for injuries they caused and the compensation for victims is paid from a public fund contributed by all risk-takers. Such a system works in many countries in regards to the injuries resulting from car and medical accidents. David Enoch claims that the no-fault principle leads to omission of an important moral element which is the personal responsibility of the perpetrator. Just as parents often have a moral obligation to take responsibility for the actions of their children and citizens for the actions of their state, we all should take responsibility for the consequences of our actions, even if in the absence of our fault. In my paper, I will present two arguments against Enoch’s position. First, I argue that such an understanding of responsibility sets a moral trap for the individuals. Second, I point out that there is no room for taking responsibility for the idea of tort liability.
The language of the event is Polish.
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13 April 2022 - Maciej Juzaszek: Precautionary principle as an encroachment on evidence-based law
