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Donald Trump made history again on Tuesday evening, delivering the longest State of the Union address on record. But while the president declared the ‘golden age of America’, many Democrats boycotted the event, telling the country Republicans are ‘making your life harder’.
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But the Palsgraf principle fails to track a good deal of tort doctrine and its underlying moral sensibilities. That is because the common law’s conceptual architecture — which largely sounds in the language of relational duties and wrongs — does not neatly map onto its substantive moral concerns. Some tort liabilities truly are grounded in the breach of relational duties, the commission of relational wrongs.350 But these liabilities sit at some distance from the heartland of tort law. In its heartland, tort law makes use of a wrongs-based conceptual architecture in order to implement a complex set of moral principles regarding the conditions under which a defendant is morally responsible for infringing a plaintiff’s rights against injury, such that he is liable to compensate her — whether or not she was foreseeable to him or he has treated her wrongfully. A wrongs-based conceptual architecture can house these substantive principles without undue strain because there is a great deal of overlap between relational wrongdoing or mistreatment (on the one hand) and moral responsibility for rights infringement (on the other). Nevertheless, there is enough divergence between substance and form that the contours of the formal architecture must sometimes be bent by legal fiction in order to implement these underlying principles.
And the fact that models concentrate power on a small set of companies, with potential for manipulation:
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