Document Type

Article

Comments

The Duty Problem in Negligence Cases: II, 29 Columbia Law Review 255 (1929)

Abstract

In the part of this paper published in an earlier number of the REVIEW,
I sought to develop the idea that legal "duties" are determined
by factors outside any legal theory which has yet crystallized. These
factors were designated: (1) The administrative factor; (2) the moral
or ethical factor; (3) the economic factor; (4) the prophylactic factor;
(5) the justice factor. The first was briefly discussed. Space
limitations require that the others be dealt with in gross rather than
singly, and in view of this I hastily point the direction taken by each
of them.

Date of Authorship for this Version

1929

Keywords

legal theory, negligence

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