Grading culpability by deviation from due care presupposes a fixed standard of due care, yet this standard itself requires independent normative justification the claim doesn't provide.
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independent justification(Epistemology of justification transmission)
Justification that appears intuitively independent of the original justification for a proposition q; more precisely, transmitted justification for q that is additional and independent when three counterfactual conditions are met: the subject was already justified in believing q before acquiring the new evidence, remains justified during acquisition, and would have gained a first-time justification via transmission had no prior justification existed
normative justification(as used in ethics and epistemology)
A logical reason that explains why something *should* be valued or considered important, rather than just explaining where it came from.