On the wearing of masks and personal responsibility, from a legal perspective - 2020-05-18

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F347.png On the wearing of masks and personal responsibility, from a legal perspective May 18, 2020, Scott Pilutik, Underground Bunker

Learned Hand (yes, that's his name) was perhaps the most famous US judge never to ascend to the US Supreme Court. He was revered as an eloquent writer and was widely cited — probably the most cited non-SCOTUS judge in US history.

Learned Hand's chief claim to fame was his negligence formula. In a case called US v Carroll Towing, Hand found a clever way to analyze negligence cases, which formula thereafter became a cornerstone of tort law. The case concerned a vessel moored in NY Harbor, which had become unmoored and sunk. Hand succinctly broke it down like so:

Since there are occasions when every vessel will break from her moorings, and since, if she does, she becomes a menace to those about her; the owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.

Wikipedia cite:
{{cite news | first = Scott | last = Pilutik | title = On the wearing of masks and personal responsibility, from a legal perspective | url = https://tonyortega.org/2020/05/18/on-the-wearing-of-masks-and-personal-responsibility-from-a-legal-perspective/ | work = Underground Bunker | date = May 18, 2020 | accessdate = May 18, 2020 }}