Defenses to Negligence and Remedies

 

Research interspousal immunity in Florida. Define interspousal immunity, identifying the types of torts that may be brought against a spouse, and identify what types are disallowed because immunity applies. Make sure to cite the appropriate Florida Statutes.

Sample Solution

Defenses to Negligence and Remedies

Inter-spousal immunity is a common law doctrine which prohibits spouses from suing each other. It is based on the legal fiction that the husband and wife share the same identity in law, namely that of the husband. Historically, Florida has barred tort claims between spouses expect in the case of battery. During the Waite V. Waite, however, the Florida supreme court repealed the doctrine of inter-spousal immunity, now married couples can file tort claims against one another in conjunction with, or independently of, their divorce. The 2019 Florida statute; the common law doctrine of inter-spousal tort is hereby abrogated with regard to the intentional tort of battery shall not be affected by any marital relationship between the persons

cording to George E. Moore, ethical claims all concern human conduct while philosophical ethics ultimately concerns itself with knowledge of what “good” is. Moore also believes philosophical ethics ought to concern itself with what is good instrumentally, or good as a means rather than good as an end, as a property. According to Moore, what is intrinsically good, or the property of “goodness” is not an analyzable property. For Moore, what “good” is, or “goodness”, as an individual property, is “unanalyzable”, or, undefinable. Therefore, any claim which gives a definition of “goodness” is attributing goodness to something, rather than identifying what goodness itself, as a property, is. Moore accuses those who make this error of committing the “naturalistic fallacy”. He believes that moral naturalists — philosophers who maintain that moral properties exist and can be objectively studied, through biology and sciences — are primarily responsible for this mistake. Moore thought philosophers committed the naturalistic fallacy when attempting to define “good” by moving from one claim that a thing is “good” to the claim that “good” is that thing. Moore thought one could not identify “good” with a thing one believes is “good”.

In order to test and determine whether an attempt at defining “good” is correct and not a concealed assignment is what Moore called the “open question argument.” Moore proposed that if “goodness” is a natural property, then there is some correct explanation of which natural property it is. For example, maybe “goodness” is the same property as “pleasantness”, or the same property as being “desirable”. Further, a correct property must be identified to fill in an identity statement of the form “goodness = __________”, or, “what is good is _________”. This kind of identity statement can be correct only if both terms on either side of the identity sign are synonyms for proficient speakers who understand both terms. Synonymy of the two terms is then tested through substitution of a term. Moore’s idea is that substitution of synonyms for one another preserves the original proposition that a sentence expresses. For example, using the sentence: “what is good is pleasant.” For this to pass Moore’s test, the sentence would have to express the same thing as “what is pleasant is pleasant.” Moore believed it was obvious that these two sentences do not express the same proposition. In thinking that what is good is pleasant, Moore thought one is not only thinking that what is pleasant is pleasant. According to Moore, there is an “open question” as to whether what is good is

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