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¹ Izhak Englard, “The System Builders: A Critical Appraisal of Modern American Tort Theory,” (1980) 9 J. Legal Stud. 27.

² The term rational agency in this connection refers to Kant’s notion that the will rationally generates rules for its own conduct or Hegel’s notion that the will realizes itself by willing, through the various stages of normative experience, a content that is appropriate to its own rational form.

³ Aristotle, Nicomachean Ethics, V, 4.

⁴ Immanuel Kant, The Metaphysics of Morals, tr. Mary Gregor, in The Cambridge Edition of the Works of Immanuel Kant: Practical Philosophy (1996), [6:242]. Numbers in square brackets refer to the pagination found in the standard German edition of this work and reproduced in the margins of The Cambridge Edition. G. W. F. Hegel, Philosophy of Right, tr. T. M. Knox (1952), ss. 34–40.

⁵ Aristotle, above n. 3, at 1132b6.

⁶ The metaphors of posture and gear are adopted from the illuminating discussion of correlativity by Michael Thompson, “What Is It to Wrong Someone? A Puzzle about Justice,” in Reason and Value, ed. R. J. Wallace et al. (2004), 333, 346.

⁷ See below, chapter 2.

⁸ Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y.C.A., 1928), at 100.

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