Recognizing the importance of the instrumentalist view of duty – the fourth sense of duty
just noted – Goldberg & Zipursky give some good reasons why the obligation sense does not
simply “collapse” into the exemption sense.For one thing, courts do often indeed speak of duty
as obligation, and restatements ought to take their cue from the raw data to be restated.Also,
courts may sometimes determine a duty exists even when their best policy sense indicates it is
better not to have liability.Next, structured concepts like those underlying the obligation sense
of duty are “superior” to policy judgments because they tend to be more “law-like