In these pages, I seek to advance two arguments, a negative and a positive. The negative one is that leading accounts of foreseeability in duty-of-care-analysis fail to make sense of the requirement in question. And affirmatively, I shall argue that the foreseeability requirement reflects a concern for the distinctively social form of interaction between risk-creator and risk-taker, namely, that the former could form a relation of respectful recognition of the latter. This reconstruction of the foreseeability requirement may express the view that its moral center may be a thin form of solidarity between members of a liberal society.
Date of this Version
Avihay Dorfman, "The Doctrine of Plaintiff Foreseeability: A Sympathetic Reconstruction" (January 2012). Tel Aviv University Law Faculty Papers. Working Paper 162.