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The Ethics and Law of Omissions (Hardcover)
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The Ethics and Law of Omissions (Hardcover)
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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.
General
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