Estándares de diligencia genéricos y específicos: razones para la acción y deberes en conflicto
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In this paper, I analyze how generic and specific standards of care work together to create a context of interaction free of unreasonable risks. This is essential for the development of peaceful, productive, and mutually beneficial social relationships. I begin by explaining the factors that determine the generality and specificity of standards of care. These properties depend on whether they are categorical or hypothetical, open or closed, and on the scope of their spatial, temporal, personal, and material spheres of validity. By taking note of these features, I can provide a better understanding of the advantages of having each type of standard. I also present a view of how generic and specific standards integrate into practical reasoning, particularly in light of their potential conflicts. As I will argue, conflicts between generic and specific standards are only apparent and do not impose on the addressees a particularly serious practical difficulty. Finally, I explain why the generic standards that recommend doing something different from what is ordered by the specific ones do not undermine the law's authority, despite the fact that they place on the agent the burden of deliberating over which precautions are justified in each case, and despite the fact that they require ignoring explicit commands by the legislator
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