Moral And Legal Responsibility
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Responsibility In Law And Morality
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Author : Peter Cane
language : en
Publisher:
Release Date : 2002
Responsibility In Law And Morality written by Peter Cane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 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.
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.
The Ethics And Law Of Omissions
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Author : Dana Kay Nelkin
language : en
Publisher: Oxford University Press
Release Date : 2017
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 with Law categories.
This volume explores the principles that govern moral responsibility and legal liability for omissions. Contributors defend different views about the ground of moral responsibility, the conditions of legal liability for an omission to rescue, and the basis for accepting a "duty requirement" for omissions in the criminal law.
Causation And Responsibility
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Author : Michael S. Moore
language : en
Publisher: Oxford University Press
Release Date : 2010-07-15
Causation And Responsibility written by Michael S. Moore 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 2010-07-15 with Law categories.
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
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.
Neuroscience And Legal Responsibility
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Author : Nicole A Vincent
language : en
Publisher: Oxford University Press
Release Date : 2013-03-07
Neuroscience And Legal Responsibility written by Nicole A Vincent 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 2013-03-07 with Law categories.
Adopting a broadly compatibilist approach, this volume's authors argue that the behavioral and mind sciences do not threaten the moral foundations of legal responsibility. Rather, these sciences provide fresh insight into human agency and updated criteria as well as powerful diagnostic and intervention tools for assessing and altering minds.
The Moral Responsibility Of Firms
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Author : Eric W. Orts
language : en
Publisher: Oxford University Press
Release Date : 2017
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 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 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. However to recognize that these "business persons" can also act morally or immorally as organizations 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 presents contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility" of firms.
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.
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.
War And Moral Responsibility
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Author : Thomas Scanlon
language : en
Publisher: Princeton University Press
Release Date : 1974-07-21
War And Moral Responsibility written by Thomas Scanlon and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974-07-21 with Philosophy categories.
This remarkably rich collection of articles focuses on moral questions about war. The essays, originally published in Philosophy & Public Affairs, cover a wide range of topics from several points of view by writers from the fields of political science, philosophy, and law. The discussion of war and moral responsibility falls into three general categories: problems of political and military choice, problems about the relation of an individual to the actions of his government, and more abstract ethical questions as well. The first category includes questions about the ethical and legal aspects of war crimes and the laws of war; about the source of moral restrictions on military methods or goals; and about differences in suitability of conduct which may depend on differences in the nature of the opponent. The second category includes questions about the conditions for responsibility of individual soldiers and civilian officials for war crimes, and about the proper attitude of a government toward potential conscripts who reject its military policies. The third category includes disputes between absolutist, deontological, and utilitarian ethical theories, and deals with questions about the existence of insoluble moral dilemmas.