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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Responsibility and Criminal Liability (Hardcover, 1989 ed.)
Loot Price: R4,690
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Responsibility and Criminal Liability (Hardcover, 1989 ed.)
Series: Law and Philosophy Library, 7
Expected to ship within 10 - 15 working days
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autonomy principally in tenns of the agent's conscious choice of
ends or conduct. From this, the cognitivist emphasis on mental
states and their contents naturally follows. The presence of
specified mental states, as signifying agent choice, thus becomes
the hallmark of responsible conduct. Capacities model theorists, by
contrast, interpret personal autonomy and agent responsibility in
tenns of the looser notion of 'control'. From this perspective,
conscious choosing is but one (highly responsible) instance of such
control, and the presence or absence of mental states is primarily
relevant to detennining degrees of responsibility. The examination
of these two models occupies the bulk of this manuscript.
Exploration of the capacities model and criticism of the orthodox
view also generate treatment of legal issues such as the use of
negligence liability, the nature of criminal omissions, the
character of various legal defenses, and so on. Chapters 2 and 3
set out some of the thematic arguments outlined above and introduce
tenninology and useful distinctions. Chapters 4 through 7 provide
substantive analyses of agent responsibility and of standards of
criminal liability. In these chapters, I argue for the comparative
superiority of the capacities model of responsibility and offer
recommendations for changes in current legal conceptions and
standards of liability. Each chapter centers on an element of
individual responsibility and related legal concerns. The final
chapter, Chapter 8, comprises an overview of the integrated theory
of responsibility and liability and its comparison with the
traditional view.
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