There is, however, a different and equally important sense of “right,” one that is perhaps more familiar to moral philosophers and scholars in the civil law tradition than to common law tort scholars. A moral right, in this sense, is a reason for action — a reason that is grounded in facts about the person whose interests and standing the right protects, whether or not those facts are epistemically accessible to an agent.42 So, for example, it is possible for an agent to infringe another person’s property right innocently and unforeseeably, as by walking across land that does in fact belong to the plaintiff although the defendant could not reasonably have known it. Similarly, to borrow an example from Professor Judith Thomson, an agent might infringe another person’s moral right against bodily injury by flipping a light switch in her home that unforeseeably generates a freak current and electrocutes him.43
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