Responsibility In Law And Morality

Author : Peter Cane
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310265
Total Pages : 316 pages
Book Rating : 4.62/5 ( download)

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Download or read book Responsibility in Law and Morality written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2002-04-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Peter Cane
Publisher : Hart Publishing
ISBN 13 : 1841133213
Total Pages : 317 pages
Book Rating : 4.18/5 ( download)

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Download or read book Responsibility in Law and Morality written by Peter Cane and published by Hart Publishing. This book was released on 2002-04-17 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.

Author : Kent Greenawalt
Publisher : Oxford University Press, USA
ISBN 13 : 0195058240
Total Pages : 396 pages
Book Rating : 4.46/5 ( download)

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Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Michael S. Moore
Publisher : Oxford University Press
ISBN 13 : 0199599513
Total Pages : 635 pages
Book Rating : 4.16/5 ( download)

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Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Lon Luvois Fuller
Publisher : Yale University Press
ISBN 13 : 0300004729
Total Pages : 272 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Morality of Law written by Lon Luvois Fuller and published by Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ronald Dworkin
Publisher : Harvard University Press
ISBN 13 : 0674071964
Total Pages : 521 pages
Book Rating : 4.64/5 ( download)

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Download or read book Justice for Hedgehogs written by Ronald Dworkin and published by Harvard University Press. This book was released on 2011-05-03 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Alf Ross
Publisher : Univ of California Press
ISBN 13 : 9780520027176
Total Pages : 204 pages
Book Rating : 4.75/5 ( download)

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Download or read book On Guilt, Responsibility, and Punishment written by Alf Ross and published by Univ of California Press. This book was released on 1975-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Stephen Darwall
Publisher : Oxford University Press
ISBN 13 : 0199662584
Total Pages : 228 pages
Book Rating : 4.86/5 ( download)

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Download or read book Morality, Authority, and Law written by Stephen Darwall and published by Oxford University Press. This book was released on 2013-03-21 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.

Author : Anthony Carty
Publisher : Oxford University Press
ISBN 13 : 0199670056
Total Pages : 497 pages
Book Rating : 4.55/5 ( download)

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Download or read book Morality and Responsibility of Rulers written by Anthony Carty and published by Oxford University Press. This book was released on 2018 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.