Arguably, ordinary moral thought recognizes non-fault-based species of remedial moral responsibility less confidently and robustly than it does fault-based remedial responsibility. There is, after all, a recurring impulse in moral philosophy to reject non-fault-based species of moral responsibility on considered reflection.274 The same impulse recurs in the history of normative reflection on tort law, sometimes with profound effects on the shape of doctrine. In Germany, for example, this impulse has led to a significant curtailment of the scope of strict liability and the reconceptualization of old strict liability doctrines in terms of fault.275 In America, this impulse may have helped to curtail the twentieth-century expansion of enterprise liability and to reinstate the historical dominance of the tort of negligence.276
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