《道德情操论·卷二·论功劳与过失·三之二·论这种影响的限度》第9节
There is another degree of negligence which does not involve in it any sort of injustice. The person who is guilty of it treats his neighbour as he treats himself, means no harm to any body, and is far from entertaining any insolent contempt for the safety and happiness of others. He is not, however, so careful and circumspect in his conduct as he ought to be, and deserves upon this account some degree of blame and censure, but no sort of punishment. Yet if, by a negligence (Culpa levis) of this kind he should occasion some damage to another person, he is by the laws of, I believe, all countries, obliged to compensate it. {95} And though this is, no doubt, a real punishment, and what no mortal would have thought of inflicting upon him, had it not been for the unlucky accident which his conduct gave occasion to; yet this decision of the law is approved of by the natural sentiments of all mankind. Nothing, we think, can be more just than that one man should not suffer by the carelessness of another; and that the damage occasioned by blamable negligence, should be made up by the person who was guilty of it.
注释摘要
斯密在这段里处理的是过失的中间等级，也就是法律传统里常说的 culpa levis，轻过失。他已经在前文区分了两种情形：一种是严重疏忽，那种放肆地漠视他人安全的态度本身就带有某种不义，即使没有造成实际伤害也值得责罚；另一种是极度轻微的疏忽，那几乎只是缺乏一种过分焦虑的谨小慎微，没有后果时谁也不觉得那算个毛病。现在他讨论的正好处在这两者之间。 这种轻过失的特…