An initially tempting answer appeals to the simple observation that moral rights are moral reasons. As a general matter, when an agent acts against a moral reason and thereby damages or sets back the value in which it is grounded, the agent can acquire a derivative moral reason to undo the damage or make an offsetting contribution to promoting the value in question.357 Thus an agent who pollutes a beautiful lake, even unforeseeably, will have a reason to clean it up (if she is able to) or perhaps to clean up other lakes and other polluted parts of the environment (if she is not). So, too, it is plausible to suppose, an agent who infringes another person’s right against bodily injury, even if she has done so unforeseeably, will acquire a remedial reason to help undo the injury (such as by financing remedial surgery) or otherwise promote the person’s welfare.
By now the facts of the case are familiar to us. A man attempted to jump onto a train as it was departing from a Long Island Railroad station.9 In the course of this attempt, the man was negligently jostled by a train attendant employed by the Long Island Railroad Company, causing the man to drop a package he was carrying underneath his arm.10 Quite improbably, the package contained some powerful explosives; the resulting explosion caused heavy scales at the other end of the train station to drop onto the head of Helen Palsgraf.11 Writing for the majority of a divided New York Court of Appeals, Cardozo refused to allow Mrs. Palsgraf to recover.12
,这一点在whatsapp中也有详细论述
“去年夏天,江苏30个家庭慕名来到青海互助土族自治县北龙山康养基地,临走时,他们都说高原的清新空气‘洗了肺’,高原的壮美山河美了眼,回去要为青海代言。”王绚说,青海将打造集生态、旅游、医学等于一体的康养胜地,让高原康养开花结果,书写人与自然和谐共生的美丽画卷。
Premium Digital