Might be interesting to look at the matter from a legal point of view.
Negligence vs. contributory negligence. Do we have enough facts to decide who
should bear the loss? Was Pat negligent in not taking better precautions to
protect her vase? It was not an ordinary vase. Leaving a vase in a place where
a person apparently could brush against it and knock it off a stand could be
viewed as negligence. Did Lee know about the vase before she entered the room?
Had Lee been to visit Pat before? Did Pat warn Lee about the vase? Here is a
good question: Did Pat have the vase insured?



mira <mirah@...> wrote:
You know, libertarians have given a lot of thought to what is freedom,
but what is responsibility? Responsibility is not identical to fault.
Fault is a moral concept, like vice. Responsibility is a social concept,
it's about how people get along with each other. Let me try to
illustrate my point with an example:

Suppose Pat invites Lee to tea. As Lee walks in, s/he is overwhelmed by
the need to sneeze, possibly because Pat doesn't dust very often. While
convulsively sneezing, Lee accidentally knocks down Pat's antique Ming
Dynasty vase.

Who is responsible? Surely Lee could not help sneezing, nor was Lee
trespassing. Furthermore, Pat ought to dust more often, and should not
put the vase where it can be easily knocked over. On the other hand, if
Lee is so sensitive to dust, s/he should wear a face mask, and the vase
had been standing in the same place for 30 years without getting knocked
over (that's why it was so dusy), so Pat could not forsee that Lee would
knock it over.

If I were Lee, I would feel responsible, and offer to pay for the vase,
within the limits of my ability. If I were Pat, I would refuse payment,
considering the broken vase a part of the cost of being Lee's hostess.
But what would I think if I were neither Pat nor Lee, but the state?

Mira





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