Collective beneficence (collective good) an its role in civil liability
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 101
Abstract
Beneficence as a principle is one of the definite jurisprudential rules and a disclaimer of civil liability of the individual in terms of the loss enforced upon others during acts of collective good. This shall necessitate that beneficence include both subjective and practical good simultaneously. As regards beneficence to an individual other, it is necessary that the act itself be wasteful or the cause be destructive; but, when the addressee is collective, neither that beneficence is by essence wasteful, nor the cause destructive. Therefore, the question is if a group of individuals suffer from a loss during the act of good, is the agent allocated a liability or not? This paper distinguishes between cases where the group is subject to beneficence as a collective whole, and those which entail submerged or alternative whole (totality). Consequently, it has been proven that it should be possible to apply the rule and disclaim the liability when the good is done to a collective mass of individuals and common good is taken into consideration. Even in that case, Kaldor-Hicks’ secular criterion was adopted in an attempt to provide a framework rule for the evaluation of common good.
Authors and Affiliations
Mahmoud Hekmatnia, Masoud Fayyazi
Keywords
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- EP ID EP190128
- DOI 10.22067/fiqh.v47i21.31281
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