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The Duty Problem in Negligence Cases: II
Green, Leon
Green, Leon
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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.