Responsibility in Law and Morality

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Hart Publishing, 2002 - Law - 303 pages
Lawyers who write about responsibility focus on criminal law at the expense of civil and public law. 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.
 

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Contents

1 Moral and Legal Responsibility
1
2 The Nature and Functions of Responsibility
29
3 Responsibility and Culpability
65
4 Responsibility and Causation
113
5 Responsibility and Personality
143
6 Grounds and Bounds of Responsibility
181
7 Realising Responsibility
225
8 Responsibility in Public Law
251
9 Thinking about Responsibility
279
References
285
Index
297
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About the author (2002)

Peter Cane is a Senior Research Fellow at Christ's College, Cambridge. He was previously Distinguished Professor of Law at the Australian National University College of Law, and before that a Professor of Law at Corpus Christi College, Oxford. He is the author of numerous books on law, including Atiyah's Accidents, Compensation and the Law (8th ed, 2013), Responsibility in Law and Morality (2003), The Anatomy of Tort Law (1997), Tort Law and Economic Interests (2nd ed, 1996), and Administrative Law (5th ed, 2011).

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