It is my pleasure to invite you to a Hart Seminar featuring Professor James Penner: 'Liability in Damages for Economic Loss Consequent upon a Personal Injury'. This is an optional pre-read
It is my pleasure to invite you to a Hart Seminar featuring Professor James Penner: ‘Liability in Damages for Economic Loss Consequent upon a Personal Injury’. This is an optional pre-read seminar, and the reading will be circulated to registered attendees one week prior to the event.
James Penner is the Kwa Geok Choo Professor of Property Law at the National University of Singapore, as well as a member of the Executive Committee of the Centre for Legal Theory. He is well-established as one of the world’s leading experts in the philosophy of property and the law of trusts, while also writing more widely in the areas of private law and the philosophy of law.
Abstract: It has been suggested that it is prima facie unjust for a negligent injurer of another person should be liable for damages calculated by the latter’s loss of earnings, given that individuals vary widely, especially given the economic inequalities of today, in the market evaluations of their value as employees or independent contractors. I will assess the correctness of this claim taking a kind of Kantian approach to the negligent causing of personal injury, in particular drawing upon the Kantian distinction between interfering with another’s choices as to their means, which is a violation of right, and merely ‘changing the context in which another operates’, which is not. Pursuing this line of thought leads to re-formulation the issue stated at the outset in terms of the following question: is one’s right to an economic market position based upon one’s talents and capabilities a matter of one’s rightful means which ought to be protected by the law of tort, or is one’s interest in such a market position merely an interest in taking advantage of a context in which one operates, in which case it should not?
Professor Penner’s seminar is part of our Hart Seminar Series, which features a diverse group of leading scholars working at the intersection of law and philosophy. Hart Publishing contributes generous support to make the seminar series possible.
(Thursday) 4:00 pm - 6:00 pm
University of Surrey School of Law
Frank Whittle Building (AB) Fifth Floor, Guildford, GU2 7XH