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In this chapter, we give a short story: a conflict between the owners of a
cat and a dog about who or what is responsible for an accident. The murky
situation leads into a discussion of cause and effect, and then responsibility
versus freedom (the limits of freedom) and the absence of liability. Finally,
first principles or patterns for the assignment of responsibility and liability
are stated or suggested last.
Fred and Felix
Felix the cat lives in a one-tree park. Imagine every time Fred the dog
visits the one-tree park, Felix climbs the tree. On one visit, Felix steps on a
rotten branch, falls and breaks a leg. In what sense is Fred the cause of this
accident? In what sense is Fred the dog responsible? The argument between the
owners of these animals follows
Felix's owner claims that Fred is a mean, vicious dog. So Felix had to climb
the tree to escape Fred. The accident would not have occurred without Fred's
visit to the park. So according to Felix's owner, Fred was the cause of the
accident.
Fred's owner counters that Fred is a very friendly, good-natured dog, not
interested in harming Felix. Felix was perfectly safe when Fred visited the
one-tree park. Moreover, on the day in question, the broken leg was a result of
Felix's unnecessary actions, not Fred's. Fred's owner continues: On the day in
question, Fred as usual visited the park to walk about. The idea that Fred is
vicious is a figment of Felix's imagination. While Felix climbed the tree every
time Fred visited the one-tree park, Felix was climbing the tree at his own
initiative. Felix had a false fear of Fred. The cat Felix was therefore
responsible by himself for climbing the tree.
Felix's owner then suggests that Fred's owner is responsible for the accident
since the latter should know about Felix having a natural fear of dogs. Fred's
owner replies …. The argument goes on.
Most of the neighbors listening to this argument agree with Felix's owner.
They suggest Fred be punished. Fred's owner refuses. A year later, Felix the cat
in chasing a bird climbed into the tree again, and fell on the other leg. Felix
the fragile feline lived. Poor Fred was not there to be blamed. (One neighbor
who missed the result of the argument wondered where or how is Fred? He did not
have enough information to answer this question.
Chapter Subsections:
Next: Limits to Freedom
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