1Richard A. Posner, A Theory of Negligence, 1 Journal of Legal Studies 29, pp. 32 -33 (1972).
2Restatement (Third) of Torts : Liability for Physical Harm ( Proposed Final Draft), § 6, comment d.
3John Finnis, Natural Law and Natural Rights, Clarendon Press, Oxford, p. 111 (1980).
4董娇娇,杨弈,梁晓晖中译本.中国政法大学出版社,2005年版.
5"Of these factors care is the only one ever susceptible of quantitative estimate, and often it is not. The injuries are always a variable within limits, which do not admit, of even approximate, ascertainment; and, although probability might theoretically be estimated, if any statistics were available, they never are; and, besides, probability varies with the severity of the injuries. " Moisan v. Lofius, 178 F. 2d 148, 149 (2d Cir. 1949).
6John Finnis, ibid, p. 112.
7Ernest J. Weinrib, Toward a Moral Theory of Negligence Law, 2 Law & Phil. 37, p. 53 ( 1983 ).
