Responsibility In Law And Morality
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Responsibility In Law And Morality
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 2002-04-17
Responsibility In Law And Morality written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-17 with Law categories.
In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.
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.
Conflicts Of Law And Morality
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Author : Kent Greenawalt
language : en
Publisher:
Release Date : 1989
Conflicts Of Law And Morality written by Kent Greenawalt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
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.
Responsibility And The Moral Sentiments
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Author : R. Jay Wallace
language : en
Publisher: Harvard University Press
Release Date : 1994-11-30
Responsibility And The Moral Sentiments written by R. Jay Wallace and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-11-30 with Philosophy categories.
R. Jay Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility.
Consciousness And Moral Responsibility
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Author : Neil Levy
language : en
Publisher: Oxford University Press (UK)
Release Date : 2014-03
Consciousness And Moral Responsibility written by Neil Levy and has been published by Oxford University Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Philosophy categories.
Neil Levy presents a new theory of freedom and responsibility. He defends a particular account of consciousness—the global workspace view—and argues that consciousness plays an especially important role in action. There are good reasons to think that the naïve assumption, that consciousness is needed for moral responsibility, is in fact true.
On Guilt Responsibility And Punishment
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Author : Alf Ross
language : en
Publisher: Univ of California Press
Release Date : 1975-01-01
On Guilt Responsibility And Punishment written by Alf Ross and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975-01-01 with Law categories.
Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
Autonomy Authority And Moral Responsibility
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Author : Thomas May
language : en
Publisher: Springer
Release Date : 1997-11-30
Autonomy Authority And Moral Responsibility written by Thomas May and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-11-30 with Law categories.
Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Although the most ob vious of these is political philosophy (especially the philosophy of law), the issues surrounding this relationship are by no means confined to this area. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally. Although the title of this work is Autonomy. Authority and Moral Responsibility. we shall be concerned with the more general question about the relationship between autonomy (or self-direction) and exter nal influences, which I take to be any guide to behavior whose presence, content or substance is dependent upon something beyond the control of the agent. Something is beyond the control of the agent if the agent cannot determine whether or not it is present, what its content consists of, or whether or not (or in what way) it influences her. These "external" influences may include (but are not necessarily limited to) religious con victions (which guide behavior according to a doctrine whose content is established independently of the agent); moral obligations (which re quire action in accordance with some moral theory); and desires for ob jects or states of affairs whose presence (or absence) is beyond the con trol of the agent. Of course, external influences may also include the requirements of authority or law.
Responsibility Character And The Emotions
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Author : Ferdinand David Schoeman
language : en
Publisher: Cambridge University Press
Release Date : 1987
Responsibility Character And The Emotions written by Ferdinand David Schoeman 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 1987 with Philosophy categories.
An examination of the responsibility individuals have for their actions and characters.
Moral Responsibility And The Problem Of Many Hands
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Author : Ibo van de Poel
language : en
Publisher: Routledge
Release Date : 2015-03-12
Moral Responsibility And The Problem Of Many Hands written by Ibo van de Poel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with Philosophy categories.
When many people are involved in an activity, it is often difficult, if not impossible, to pinpoint who is morally responsible for what, a phenomenon known as the ‘problem of many hands.’ This term is increasingly used to describe problems with attributing individual responsibility in collective settings in such diverse areas as public administration, corporate management, law and regulation, technological development and innovation, healthcare, and finance. This volume provides an in-depth philosophical analysis of this problem, examining the notion of moral responsibility and distinguishing between different normative meanings of responsibility, both backward-looking (accountability, blameworthiness, and liability) and forward-looking (obligation, virtue). Drawing on the relevant philosophical literature, the authors develop a coherent conceptualization of the problem of many hands, taking into account the relationship, and possible tension, between individual and collective responsibility. This systematic inquiry into the problem of many hands pertains to discussions about moral responsibility in a variety of applied settings.