There does not obviously exist any coherent, consistent, and reflectively plausible set of moral principles that implies that the agent should be liable in the first scenario but not in the second.279 And, if we attempt to iron out the inconsistency so as to produce consistent moral and legal principles, we may well produce a fearfully broad account of the conditions of strict remedial liability (under which we are strictly liable to compensate for the vast majority of the injurious consequences of our actions, far more often than almost all of us assume and far more often than the law currently holds us liable280) or else an implausibly anemic account, according to which we are hardly ever strictly liable to compensate for such consequences.281 Some tort theorists have adopted such revisionary normative accounts in an attempt to follow principled consistency where it leads. But ordinary moral intuition and tort doctrine both balk at following in their steps.
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Chapter 5: Functions