Responsibility in Law and Morality
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 withculpability (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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1 Moral and Legal Responsibility
2 The Nature and Functions of Responsibility
3 Responsibility and Culpability
4 Responsibility and Causation
5 Responsibility and Personality
6 Grounds and Bounds of Responsibility
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account of responsibility actus reus agent agent-focused allocation approach argued argument Ashworth attribution behaviour beneﬁt bility breach but-for causal cause citizens civil law paradigm claimant common law concepts context contrast corporation corrective justice court crime criminal law paradigm criminal liability culpability defendant deﬁned deﬁnitional difﬁcult dispute distinction distributive distributive justice duty of care employee enforcement fault ﬁnancial ﬁrst harm historic responsibility Honoré idea important individual inﬂicted instance interests issue judgments judicial justiﬁed law and morality law’s legal liability legal responsibility practices liability insurance mens rea moral domain moral responsibility negligence normative obligations of repair offences outcome parties person principles of responsibility private law prospective responsibilities protect public functionaries public functions punishment reason recklessness reﬂected regardless relation relationship relevant responsibil retributive justice risk role rules and principles sanctions sense settlement sibility signiﬁcant social speciﬁed strict liability Tesco tion tort law vicarious liability victim Weinrib