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The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit ...
In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense – or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause) – can be used to argue that the guilty deed was not the product of a guilty mind. [17]
The common law position regarding negligence recognised strict categories of negligence. In 1932, the duty of a care applied despite no prior relationship or interaction and was not constrained by privity of contract. [2] Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods.
Although duty often constrains people and prompts them to act against their inclinations, it still comes from an agent's volition: they desire to keep the moral law from respect of the moral law. Thus, when an agent performs an action from duty it is because their moral incentives are chosen over and above any opposing inclinations.
According to Aristotle, how to lead a good life is one of the central questions of ethics. [1]Ethics, also called moral philosophy, is the study of moral phenomena. It is one of the main branches of philosophy and investigates the nature of morality and the principles that govern the moral evaluation of conduct, character traits, and institutions.
In moral philosophy, deontological ethics or deontology (from Greek: δέον, 'obligation, duty' + λόγος, 'study') is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. [1]
The ethics of care (alternatively care ethics or EoC) is a normative ethical theory that holds that moral action centers on interpersonal relationships and care or benevolence as a virtue. EoC is one of a cluster of normative ethical theories that were developed by some feminists and environmentalists since the 1980s. [ 1 ]
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. [ 1 ]