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On being wronged and being wrong
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Slavny, Adam (2017) On being wronged and being wrong. Philosophy, Politics and Economics, 16 (1). pp. 3-24. doi:10.1177/1470594X16683382 ISSN 1470-594X.
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Official URL: https://doi.org/10.1177/1470594X16683382
Abstract
If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: (1) those in which V is not harmed but she mistakenly believes that she is (2) those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and The Mixed View. The Objective View holds that V’s claim depends on the correct account of harm, rather than her false beliefs, and so D has a duty to offer damages to V in (2) but not in (1) in order to compensate her. The Subjective View holds that, for broadly anti-perfectionist reasons, V’s claim depends on her sincere beliefs, even if they are mistaken, and so D has a duty to compensate V in (1) but not in (2). The Mixed View holds that we should defer to her beliefs in (1) but not in (2), so D has a duty to compensate her in both cases. In this article, I argue that we should accept The Mixed View.
| Item Type: | Journal Article | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KN Common Law, Private Law | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Compensation (Law), Liberalism, Civil law -- Philosophy | ||||||||
| Journal or Publication Title: | Philosophy, Politics and Economics | ||||||||
| Publisher: | Sage Publications Ltd. | ||||||||
| ISSN: | 1470-594X | ||||||||
| Official Date: | 1 February 2017 | ||||||||
| Dates: |
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| Volume: | 16 | ||||||||
| Number: | 1 | ||||||||
| Page Range: | pp. 3-24 | ||||||||
| DOI: | 10.1177/1470594X16683382 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 30 November 2020 | ||||||||
| Date of first compliant Open Access: | 30 November 2020 |
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