Karl Mannheim's Diagnosis of Our Time: Wartime Essays of a Sociologist PDF

By Karl Mannheim

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Putting the conception to interpretive use means that we are not “applying it” by asking questions about the articulation of ideal theory such as: “What set 24 gregory c. ” “Would they reach the problem of accidental harm at all? ” My aim, in short, is to use this moral conception to get both explanatory and critical purchase on the law of accidents. We are hoping to offer an account that explains what, if anything, in our accident law is valuable; why it is valuable; and how we might take what is of value in it and extend its influence.

547). Matters are different when risks are non-reciprocal even if injurers exercise due care. Strict liability does and should apply to risks that are reasonable but nonreciprocal. Some risks are reasonable because they are to the long-run advantage of those imperiled by them, but they are not mutually beneficial in the full sense that reciprocal risks are. 18 The imposition of non-reciprocal risks is not part of a normal life, and the value of the right to impose such risks does not offset the disvalue of having to bear exposure to them.

Bringing Kantian theory to bear on tort practice thus illuminates the significance of negligence law’s attachment to reasonableness rather than rationality – a significance obscured by the prevailing economic account of the matter – and helps to justify that attachment (Keating 1996, pp. 311–13, 341–82). Conversely, the categories of liberty and security used by this theory to describe the stakes in accidental risk imposition show how that theory is reshaped by its encounter with tort practice.

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Diagnosis of Our Time: Wartime Essays of a Sociologist by Karl Mannheim


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