Responsibility and Fault
These highly original essays develop themes implicit in Herbert Hart and the author's Causation in the Law (2nd ed. 1985). Why should we be held responsible for the harm we cause? Honoré proposes a theory of responsibility ('outcome responsibility'), according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.
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Responsibility and Luck The Moral Basis of Strict Liability
Are Omissions less Culpable?
The Morality of Tort Law Questions and Answers
Necessary and Sufﬁcient Conditions in Tort Law
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A’s shot accident acts and omissions agent allocation answer argue argument bad luck behaviour beneﬁt but-for theory capacity causal connection causal processes causally relevant choice choose circumstances compensation conduct context corrective justice criminal law decision defendant defendant’s determined difﬁculty distinct duties distributive justice essay example extent fact factors fail fault ﬁnd ﬁrst golfer ground H.L.A. Hart harm-doer Hart and Honoré human impose inﬂicting inﬂuence inquiry intervene involved justiﬁed Law Rev legal liability loss Mackie model person negative negligence normally normative not-doing notion objective standard one’s outcome responsibility over-determination particular action Patrick Atiyah people’s person plaintiff positive acts punishment question reason requires retributive justice retributive principle Richard Wright risk-creating sense set of conditions six-foot putt social someone speciﬁc statements strict liability sufﬁcient things tion Toepel Tony Honoré tort law tort liability treat tried true vicarious liability worse wrongful
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