I've just finished up a rough draft of my The Right to Defy Criminal Demands article (6 years in the making), and I thought I'd serialize it here, minus most of the footnotes (which you can see in the full PDF). I'd love to hear people's reactions and recommendations, since there's still plenty of time to edit it. You can also be previous posts (and any future posts, as they come up), here.
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Let's return to the Introduction and to our Danielle, whom Craig is trying to force to do something through threat of criminal attack. Danielle, like all of us, "ordinarily has a duty to exercise reasonable care when [her] conduct creates a risk of physical harm." That includes a duty not to unreasonably increase the risk of criminal attack: "The conduct of a defendant can lack reasonable care insofar as it foreseeably combines with or permits the improper conduct of the plaintiff or a third party." Thus, for instance, Danielle could be sued for negligence if she hires someone who foreseeably criminally attacks her customers, or if she lends a dangerous weapon to someone who foreseeably uses it to attack someone.
