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Responsibility in Law and Morality (Hardcover, 2005. Corr. 2nd Ed.)
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Responsibility in Law and Morality (Hardcover, 2005. Corr. 2nd Ed.)
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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.
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