000 02690nam a22002411i 4500
005 20220507164518.0
008 140929s2002 enk ob 001 0 eng d
020 _a9781472562531
040 _aMAIN
082 0 4 _a340.112
100 1 _aCane, Peter,
245 1 0 _aResponsibility in law and morality
_h[electronic resource] /
_cby Peter Cane.
300 _a1 online resource (xii, 303 pages)
500 _aBloomsbury Pub Ebook
504 _aIncludes bibliographical references (pages [285]-296) and index.
520 _a"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."--Bloomsbury Publishing.
650 0 _aLaw and ethics.
650 0 _aLaw
650 0 _aLiability (Law)
650 0 _aResponsibility.
856 4 0 _uhttps://doi.org/10.5040/9781472562531?locatt=label:secondary_bloomsburyCollections
942 _cEBK
999 _c17428
_d17428