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Neglected Treatises Help Solve Negligence: The Action Theory Of Francisco Suárez

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Chapter Summary

Most of the elements needed for a solution to Type-1 and Type-2 NO's are presented. Another task remaining is to approach Type-3 NO's. Recall from the introduction that these are cases in which the time-span to TEF and/or circumstances are such that the agent is reasonably expected to take extra precautions so as to avoid ignorance. This chapter explores Francisco Suárez's writings in order to address these final issues. As it turns out, the ways to resolve the questions remaining with regard to Type-1 and Type-2 NO's and the way to ascribe culpability in Type-3 NO's can all be found in two related concepts: Suárez's understanding of virtual deliberation/reflection and the associated idea of voluntariness in alio. By integrating these concepts into the evaluation one will have the means by which to explain culpability for all three types, and all variations within those types, of NO.

Keywords: Francisco Suárez; Type-3 NO



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