Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2000 Prudence, Benevolence, and Negligence: Virtue Ethics and Tort Law Heidi Li Feldman Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/78 74 Chi.-Kent L. Rev. 1431-1466 (2000) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Legal History Commons, and the Torts Commons GEORGETOWN LAW Faculty Publications January 2010 Prudence, Benevolence, and Negligence: Virtue Ethics and Tort Law 74 Chi.-Kent L. Rev. 1431-1466 (2000) Heidi Li Feldman Professor of Law Georgetown University Law Center
[email protected] This paper can be downloaded without charge from: Scholarly Commons: http://scholarship.law.georgetown.edu/facpub/78/ Posted with permission of the author PRUDENCE, BENEVOLENCE, AND NEGLIGENCE: VIRTUE ETHICS AND TORT LAW HEIDI LI FELDMAN* INTRODUCTION Tort law assesses negligence according to the conduct of a reasonable person of ordinary prudence who acts with due care for the safety of others.! This standard assigns three traits to the person whose conduct sets the bar for measuring negligence: reasonableness, ordinary prudence, and due care for the safety of others. Yet contemporary tort scholars have almost exclusively examined only one of these attributes, reasonableness, and have wholly neglected to carefully examine the other elements key to the negligence standard: prudence and due care for the safety of others. It is mistaken to reduce negligence to reasonableness or to try to understand the sense of reasonableness contemplated by the negligence standard without reference to the virtues of prudence and benevolence.