Law and Philosophy

, Volume 15, Issue 1, pp 65–74

Affirmative duties and the limits of self-sacrifice

Authors

  • Larry Alexander
    • School of LawUniversity of San Diego
Article

DOI: 10.1007/BF00143972

Cite this article as:
Alexander, L. Law Philos (1996) 15: 65. doi:10.1007/BF00143972

Abstract

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to aid encounters the same problem of moral arbitrariness as does a “moral catastrophe” override of deontological side-constraints.

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Copyright information

© Kluwer Academic Publishers 1996