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Call this the pigeonhole perspective. This Article argues for the pigeonhole perspective by examining a range of common law tort doctrines that utilize the language of relational wrongs to identify and enforce, often quite opaquely, remedial moral liabilities that are not grounded in relational wrongdoing.。业内人士推荐官网作为进阶阅读
There are certain respects in which the proposal does not track all of the fine-grained structural contours of the transferred intent fiction — but that is a virtue of the proposal, not a vice. Suppose that the defendant negligently pets A’s dog, which he mistakenly believes to be his own. By doing so, he triggers a hidden motion detector that detonates a bomb, blowing up a cat that belongs to another person, B. By its terms the doctrine of transferred intent seems to apply to the tort of trespass to chattels,154 so it yields the result that the defendant is liable in trespass to B for the injury he has unforeseeably inflicted on her cat. But this seems entirely at odds with common moral understanding; the defendant seems no more morally liable than the train attendant in Palsgraf.