Revising the Puzzle of Negligence: Transforming the Citizen towards Civic Maturity.

The article critically examines corrective justice theory in negligence law, challenging two key theses: the "internal logic" thesis, which holds that negligence law must be understood solely within corrective justice’s framework of rights and duties, and the "separation of rights and values" thesis, which claims legal reasoning is distinct from ethical deliberation. Arguing instead that negligence law inherently involves engagement with moral values, the author contends that judicial decisions serve a proleptic role by advancing descriptions and re-descriptions of values that guide citizens’ practical reasoning and promote civic maturity. The analysis addresses the problem of moral luck in negligence, suggesting that while law attributes liability based on outcomes, it also invites citizens to deliberate aspirationally on values to avoid harm. Ultimately, the article proposes a continuity between legal reasoning and ethical deliberation, emphasizing the law’s role in fostering responsible agency within a political community.