Equality, Responsibility, and the Law

Front Cover
Cambridge University Press, Mar 12, 2001 - Law - 307 pages
0 Reviews
This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Contents

Equality Luck and Responsibility
1
WHOSE BAD LUCK is IT?
3
12 REASONABLE PERSONS IN PHILOSOPHY AND POLITICS
6
13 THE BASIC STRUCTURE
9
14 RESPONSIBILITY AS POLITICAL MORALITY
12
15 THREE CONCEPTIONS OF RESPONSIBILITY
15
16 POSITIVE LAW AND POLITICAL MORALITY
18
17 IDEAL INTERPRETATION AND ACTUAL PRACTICE
19
Mistakes
172
62 SUBJECTIVISM
173
63 MISTAKES AND REASONABLE BOUNDARIES
188
64 SELFDEFENSE
190
65 CONSENT
201
66 CONCLUSION
214
Recklessness and Attempts
218
71 THE PUZZLE
219

18 PLAN OF THE BOOK
21
Corrective Justice and Spontaneous Order
24
21 HOBBESS NATURAL CONDITION OF MANKIND
25
22 HISTORICAL ACCOUNTS OF JUSTICE
27
23 A VOLUNTARIST MINIMAL STATE
30
24 A CAUSALIST MINIMAL STATE
32
25 RISKS
42
26 HISTORICAL JUSTICE WITHOUT LIBERTARIANISM
46
A Fair Division of Risks
48
31 DIVIDING RISKS
50
32 RISKS AND OUTCOMES
53
33 SOME CONTRASTS
58
34 EXPLAINING TORT DOCTRINE
64
Foresight and Responsibility
94
41 FORESIGHT AS A CONDITION OF AGENCY
96
42 AN ALTERNATIVE ACCOUNT
104
43 BOUNCING BALLS AND EXPANDING ACTS
113
44 CONCLUSION
131
Punishment and the TortCrime Distinction
133
SOME COMPARISONS
135
52 PUNISHMENT
140
53 JUSTIFICATIONS AND EXCUSES
163
54 CONCLUSION
171
72 SOME FAILED ATTEMPTS
222
73 HARM
224
74 VINDICATING RIGHTS
227
75 SOME FAMILIAR FEATURES OF ACTION
230
76 PREPARATION AND ATTEMPT
235
77 MANIFEST CRIMINALITY
240
78 RECKLESSNESS AGAIN
242
79 CONCLUSION
245
Beyond Corrective and Retributive Justice? Marx and Pashukanis on the Narrow Horizons of Bourgeois Right
246
81 PASHUKANIS ON THE LEGAL FORM
249
82 FETISHISM
252
83 BEYOND THE NARROW HORIZON?
254
84 SCARCITY AND PERFECT COMMUNITY
259
85 CONCLUSION
262
Reciprocity and Responsibility in Distributive Justice
264
91 HOLDING MISFORTUNES IN COMMON
266
92 PROTECTING THE CAPACITY FOR RESPONSIBLE AGENCY
272
93 BRUTE LUCK AND OPTION LUCK
278
94 THE REASONABLE PERSON AGAIN
291
95 UNDUE BURDENS AND PRIMARY GOODS AGAIN
294
96 CONCLUDING REMARKS
295
Index
297
Copyright

Other editions - View all

Common terms and phrases

References to this book

All Book Search results »

Bibliographic information