The Negligence Issue

Abstract

It would be futile for the law to attempt to deal in detail by way of precise anticipatory rule with each of the infinite number of cases which can be classified as "negligence" cases., The number of such situations in which the quality of conduct can be measured by standards stated in terms *of conduct is relatively small. The torrents of pertinent factors incident to any wholesale attempt along this line are beyond classification and statement. The qualities of personality are themselves numerous; their shadings are countless; the conduct of individuals is incalculable at present in its variety; the possible combinations of these are literally infinite, as infinite as space and time. The number of instances of conduct which could be labelled either as negligent or non-negligent is beyond the limits of any catalog the law can make. So it is not surprising that in the face of infinity the law does exactly what other sciences do in like situations. It adopts a formula; a formula in terms which will permit its problems to be reduced to a graspable size. This formula, like many other formulas, tends quickly to become ritual and it would seem that it is only this ritual which holds the law's interest. This much it insists upon rigorously, but this is as far as the law's science goes in this direction.