TORT LIABILITY AND UNAWARENESS
研究了无意识对侵权法的影响，比较了过失责任与严格责任两种规则，发现过失责任通过设定注意标准有助于传播对损害概率更新的认识。
Abstract We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. We model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo‐American tort law, negligence and strict liability, and argue that negligence has an important advantage over strict liability in a world with unawareness—negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.