Abstract
Three of the concerns identified by Paul Rabinow as central to the Human Practices thrust of the SynBERC project feature in the English common law of negligence. They are the logic of practical judgment, mutual flourishing, and capacity building. In two further ways, English negligence law has relevance to the SynBERC project. It provides an example of “equipment” in the sense specified by Rabinow and it is an institution informed by a number of sometimes antagonistic purposes. This essay seeks to point up English negligence law’s relevance to the SynBERC project by focusing on three of its more prominent features. They are the way in which judges incrementally elaborate existing doctrine, the moral impulses that inform the law, and the way in which this branch of tort gives expression to an ideal of community.
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