Christopher Jaeger has posted to SSRN A Two-System Theory of Negligence. The abstract provides:
Tort law’s broad reliance on the ordinary reasonable person standard blurs meaningful distinctions between different types of negligence cases and between the different criteria used to resolve them. Drawing on psychology’s two-system theory of cognition, this Article identifies and describes two distinct types of negligence claims, formulating a two-system theory of negligence. This theory posits that negligence claims premised on …
