Responsibility in Law and Morality

Responsibility in Law and Morality
Author: Peter Cane
Publisher: Bloomsbury Publishing
Total Pages: 316
Release: 2002-04-17
Genre: Law
ISBN: 1847310265

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 with culpability (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.

Responsibility in Law and Morality

Responsibility in Law and Morality
Author: Peter Cane
Publisher: Hart Publishing
Total Pages: 317
Release: 2002-04-17
Genre: Law
ISBN: 1841133213

In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.

Conflicts of Law and Morality

Conflicts of Law and Morality
Author: Kent Greenawalt
Publisher: Oxford University Press, USA
Total Pages: 396
Release: 1989
Genre: Law
ISBN: 0195058240

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Causation and Responsibility

Causation and Responsibility
Author: Michael S. Moore
Publisher: Oxford University Press
Total Pages: 635
Release: 2010-07-15
Genre: Law
ISBN: 0199599513

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.

Against Moral Responsibility

Against Moral Responsibility
Author: Bruce N. Waller
Publisher: MIT Press
Total Pages: 365
Release: 2011-10-14
Genre: Philosophy
ISBN: 0262016591

A vigorous attack on moral responsibility in all its forms argues that the abolition of moral responsibility will be liberating and beneficial. In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller argues that moral responsibility in all its forms—including criminal justice, distributive justice, and all claims of just deserts—is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want—natural human free will, moral judgments, meaningful human relationships, creative abilities—would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Practical Reason in Law and Morality

Practical Reason in Law and Morality
Author: Neil MacCormick
Publisher: Oxford University Press, USA
Total Pages: 235
Release: 2008-12-18
Genre: Language Arts & Disciplines
ISBN: 0198268777

Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.

Moral Responsibility and the Problem of Many Hands

Moral Responsibility and the Problem of Many Hands
Author: Ibo van de Poel
Publisher: Routledge
Total Pages: 233
Release: 2015-03-12
Genre: Philosophy
ISBN: 1317560299

When many people are involved in an activity, it is often difficult, if not impossible, to pinpoint who is morally responsible for what, a phenomenon known as the ‘problem of many hands.’ This term is increasingly used to describe problems with attributing individual responsibility in collective settings in such diverse areas as public administration, corporate management, law and regulation, technological development and innovation, healthcare, and finance. This volume provides an in-depth philosophical analysis of this problem, examining the notion of moral responsibility and distinguishing between different normative meanings of responsibility, both backward-looking (accountability, blameworthiness, and liability) and forward-looking (obligation, virtue). Drawing on the relevant philosophical literature, the authors develop a coherent conceptualization of the problem of many hands, taking into account the relationship, and possible tension, between individual and collective responsibility. This systematic inquiry into the problem of many hands pertains to discussions about moral responsibility in a variety of applied settings.

Law and Morality

Law and Morality
Author: David Dyzenhaus
Publisher: University of Toronto Press
Total Pages: 1095
Release: 2007-01-01
Genre: Law
ISBN: 0802094899

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.