Responsibility, Restoration and Fault

Responsibility, Restoration and Fault
Author: Bénédict Winiger
Publisher:
Total Pages:
Release: 2018
Genre: Law, Ancient
ISBN: 9781780686202

Responsibility, Restoration and Fault suggests how we could measure responsible behaviour. What criteria do our actions have to abide by to protect individuals and society? This is particularly relevant in a period where modern technology has not only multiplied the risks and degree of damage, but also created long causal chains that often make it difficult to see a connection between action and damage, and when the damaging effects on individuals or society only emerge decades later. The author argues that a person's behaviour is responsible if the following criteria are fulfilled simultaneously: (i) the person, whose behaviour could cause damage, would be able to restore the victim, (ii) the person, whose behaviour causes actual damage, restores the victim (both criteria of restoration) and (iii) the person is not at fault when determining and executing an act (criteria of fault). With its historical and legal philosophical perspective Responsibility, Restoration and Fault is a must read for every lawyer.

Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts

Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts
Author: F. Rachel Magdalene
Publisher: Penn State Press
Total Pages: 903
Release: 2020-01-10
Genre: History
ISBN: 1646020243

This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law. The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized. Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.

Criminal Justice

Criminal Justice
Author: Eleanor Hannon Judah
Publisher: Routledge
Total Pages: 288
Release: 2013-04-03
Genre: Medical
ISBN: 1136372636

There are nearly two million inmates in America today. Are there better alternatives to incarceration? Criminal Justice: Retribution vs. Restoration presents new answers and unconventional suggestions addressing America’s overcrowded prisons and jails, high recidivism rates, and weakened family and community relationships with ex-prisoners. Experts in the field discuss the benefits and failures of America’s criminal justice system at various times in history and today, then explore possibilities to improve on that system. This groundbreaking book introduces encouraging, therapeutic approaches to criminal justice that include treatment, rehabilitation, and the direct involvement the victims, the families, and the communities. Criminal Justice looks at America’s over-reliance on punishment and retribution as the means of responding to prevalent social problems and examines the justice system’s tendency to incarcerate—rather than treat—minority, mentally ill, poor, and drug-dependent offenders. The authors—who are all active in some field of criminal justice—argue for a restorative model of correction that is more humane to both offenders and victims. This model opens up dialogue between offenders and their victims, families, and communities by promoting hallmark programs, including victim offender mediation, conferencing, peacemaking circles, restitution, and community projects and services. Criminal Justice includes such intriguing topics as: the social costs and moral economy of incarceration drug policy—should drug users be incarcerated or rehabilitated? the potential of restorative justice—a first-hand account from a prison inmate restorative justice and faith communities the practice and efficacy of restorative justice the path from fury to forgiveness—the emotions of the mother of a murdered child strategies for creating safe and just communities women in prison—their special needs both during incarceration and after re-entry social work and criminal justice—how they work together grassroots advocacy for criminal justice reform—a look back over the last 30 years by the founders of CURE (Citizens United for Rehabilitation of Errants) This book’s foundation rests on the Biblical concepts of restoration, healing, forgiveness, reconciliation, and responsibility. Criminal Justice: Retribution vs Restoration is an eye-opening look at the negative effects of our current system of blame and punishment and offers hope for better, more humane methods in the future. This holistic, empowering, and strengths-based perspective offers insight and suggestions that are valuable for students, social workers, policymakers, and criminal justice professionals.

Responsibility and Fault

Responsibility and Fault
Author: Tony Honoré
Publisher: Hart Publishing
Total Pages: 172
Release: 1999-05-19
Genre: Law
ISBN: 1841130052

Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Product Liability Reform

Product Liability Reform
Author: United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee for Consumers
Publisher:
Total Pages: 432
Release: 1982
Genre: Government publications
ISBN:

Accountability in Restorative Justice

Accountability in Restorative Justice
Author: Declan Roche
Publisher: Oxford University Press, USA
Total Pages: 348
Release: 2003
Genre: Language Arts & Disciplines
ISBN: 9780199259359

Addressing a key concern about restorative justice, this book draws on fieldwork from 25 programmes in six countries to investigate what form checks and balances exist to prevent degeneration into a kangaroo court.

Responsibility for Environmental Damage

Responsibility for Environmental Damage
Author: Jason Rudall
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-04-12
Genre: Law
ISBN: 1803920718

Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.

A Guide to Rehabilitation Testimony

A Guide to Rehabilitation Testimony
Author: Deutsch
Publisher: CRC Press
Total Pages: 506
Release: 1990-01-01
Genre: Medical
ISBN: 9781878205025

Anyone working in the rehabilitation arena these days is fully aware of the potential for litigation. Whether you are a counselor, life care planner, case manager, researcher, nurse, or technical expert, the chances of being called to give a deposition or make a courtroom appearance increase daily. Today, the role of the rehabilitation professional is not getting any easier. With litigation more than a possibility in any disability or catastrophic illness case, rehabilitation experts, both plaintiff and defense, need to present themselves in the very best light possible. Guide to Rehabilitation Testimony: The Expert's Role as an Educator offers something for everyone, novice and expert alike. Here are 10 comprehensive chapters of courtroom-tested procedures that work. Also provided are 11 valuable appendices. In over 23 years of working as a rehabilitation professional, Dr. Deutsch has spent thousands of hours giving testimony. Here are tried and proven methods of handling yourself and your material in a legal setting.