Legal Responsibility And Moral Responsibility
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Legal Responsibility And Moral Responsibility
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Author : Walter Hamilton Moberly
language : en
Publisher:
Release Date : 1965
Legal Responsibility And Moral Responsibility written by Walter Hamilton Moberly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with Psychology categories.
Responsibility In Law And Morality
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-04-17
Responsibility In Law And Morality written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-17 with Law categories.
Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.
Free Will And Moral Responsibility
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Author : Justin Caouette
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2013-10-03
Free Will And Moral Responsibility written by Justin Caouette and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-03 with Philosophy categories.
Determinism is, roughly, the thesis that facts about the past and the laws of nature entail all truths. A venerable, age-old dilemma concerning responsibility distils to this: if either determinism is true or it is not true, we lack “responsibility-grounding” control. Either determinism is true or it is not true. So, we lack responsibility-grounding control. Deprived of such control, no one is ever morally responsible for anything. A number of the freshly-minted essays in this collection address aspects of this dilemma. Responding to the horn that determinism undermines the freedom that responsibility (or moral obligation) requires, the freedom to do otherwise, some papers in this collection debate the merits of Frankfurt-style examples that purport to show that one can be responsible despite lacking alternatives. Responding to the horn that indeterminism implies luck or randomness, other papers discuss the strengths or shortcomings of libertarian free will or control. Also included in this collection are essays on the freedom requirements of moral obligation, forgiveness and free will, a “desert-free” conception of free will, and vicarious legal and moral responsibility. The authors of the essays in this volume are philosophers who have made significant contributions to debates in free will, moral responsibility, moral obligation, the reactive attitudes, philosophy of action, and philosophical psychology, and include John Martin Fischer, Robert Kane, Michael McKenna, Alfred Mele, and Derk Pereboom.
Responsibility And Control
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Author : John Martin Fischer
language : en
Publisher: Cambridge University Press
Release Date : 1999-10-13
Responsibility And Control written by John Martin Fischer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-13 with Philosophy categories.
This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism.
The Moral Responsibility Of Firms
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Author : Eric W. Orts
language : en
Publisher: Oxford University Press
Release Date : 2017-03-23
The Moral Responsibility Of Firms written by Eric W. Orts and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-23 with Business & Economics categories.
Individuals are generally considered morally responsible for their actions. Who or what is responsible when those individuals become part of business organizations? Can we correctly ascribe moral responsibility to the organization itself? If so, what are the grounds for this claim and to what extent do the individuals also remain morally responsible? If not, does moral responsibility fall entirely to specific individuals within the organization and can they be readily identified? A perennial question in business ethics has concerned the extent to which business organizations can be correctly said to have moral responsibilities and obligations. In philosophical terms, this is a question of "corporate moral agency." Whether firms can be said to be moral agents and to have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as "persons" with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. To recognize that these "business persons" can also act morally or immorally as organizations, however, would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility of firms."
The Ethics And Law Of Omissions
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Author : Dana Kay Nelkin
language : en
Publisher: Oxford University Press
Release Date : 2017-10-05
The Ethics And Law Of Omissions written by Dana Kay Nelkin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Philosophy categories.
This edited volume of new essays explores the principles that govern moral responsibility and legal liability for omissive conduct--behavior that did not occur. Many contributors here try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, contributors also consider various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good. Included with the essays is an introduction to the topic by the volume editors. The book will be of interest to moral philosophers, philosophers of law, and other legal scholars.
Moral Duty And Legal Responsibility
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Author : Davis Philip E.
language : en
Publisher:
Release Date : 1940-01
Moral Duty And Legal Responsibility written by Davis Philip E. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1940-01 with categories.
Lawyers Clients And Moral Responsibility
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Author : Thomas L. Shaffer
language : en
Publisher: West Academic Publishing
Release Date : 1994
Lawyers Clients And Moral Responsibility written by Thomas L. Shaffer and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Intended for use in law school courses that teach the fundamentals of legal ethics in conjunction with the current edition of West's Professional Responsibility Standards, Rules & Statutes. Contains readings on moral philosophy. Includes parts of John Stuart Mill's essay on utilitarianism, a discussion of the golden rule, and parts of Immanuel Kant's discussion of the categorical imperative. Includes a set of problems for discussion in the classroom and background readings for each major topic. Includes ethics rules, judicial opinions, ethics committee opinions, and excerpts from articles and books written by judges, lawyers, and law teachers.
The Fallacy Of Corporate Moral Agency
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Author : David Rönnegard
language : en
Publisher: Springer
Release Date : 2015-05-12
The Fallacy Of Corporate Moral Agency written by David Rönnegard and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-12 with Philosophy categories.
It is uncontroversial that corporations are legal agents that can be held legally responsible, but can corporations also be moral agents that are morally responsible? Part one of this book explicates the most prominent theories of corporate moral agency and provides a detailed debunking of why corporate moral agency is a fallacy. This implies that talk of corporate moral responsibilities, beyond the mere metaphorical, is essentially meaningless. Part two takes the fallacy of corporate moral agency as its premise and spells out its implications. It shows how prominent normative theories within Corporate Social Responsibility, such as Stakeholder Theory and Social Contract Theory, rest on an implicit assumption of corporate moral agency. In this metaphysical respect such theories are untenable. In order to provide a more robust metaphysical foundation for corporations the book explicates the development of the corporate legal form in the US and UK, which displays how the corporation has come to have its current legal attributes. This historical evolution shows that the corporation is a legal fiction created by the state in order to serve both public and private goals. The normative implication for corporate accountability is that citizens of democratic states ought to primarily make calls for legal enactments in order to hold the corporate legal instruments accountable to their preferences.
Lawyers And Fundamental Moral Responsibility
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Author : Daniel R. Coquillette
language : en
Publisher: Anderson Publishing Company (OH)
Release Date : 1995
Lawyers And Fundamental Moral Responsibility written by Daniel R. Coquillette and has been published by Anderson Publishing Company (OH) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.