Responsibility in Law and Morality
Contract,Tort & Restitution
Autor:
Cane Peter
Cane Peter
Editura / Producator:
Hart Publishing
Hart Publishing
Pret : 222.00 lei
9781841133218
Data aparitiei: 25 Apr 2002
Nr pagini : 320
Data aparitiei: 25 Apr 2002
Nr pagini : 320
Detalii Responsibility in Law and Morality
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 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.
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.
Clientii au mai comandat:
Pe aceeasi tematica: Contract,Tort & Restitution
Landmark Cases in the Law of RestitutionIt is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Befo...
Perspectives on CausationThe papers in this volume arise from a conference held at The University of Aberdeen concerning the law of causation in the UK, Commonwealth countries and the USA. The distinguished group of international experts who have contributed papers to this book examine the ways in which legal doctrine ...
Measuring Damages in the Law of Obligations. The Search for Harmonised Principles challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equi...
Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context....
Justifying Private Law RemediesIn August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. ...
Human Rights in Private LawTraditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue rel...
Contul meu
Reducerea zilei
Produsul saptamanii
Newsletter
Pentru a fi la curent cu promotiile Carte Juridica, abonati-va la newsletter.
Cos de cumparaturi
Top vanzari:
Tematici
» Abonamente
» Admitere
» Asistenta sociala
» Asigurari
» Business
» Cereri si actiuni in justitie
» Coduri si legi comentate
» Comert-Finante-Banci
» Comunicare si relatii publice
» Concurenta
Edituri
» --------------
» A.G.E.P.I.
» A.G.E.R.
» A.S.D.P.I.
» A.S.R.O.
» Academia Romana
» All
» Argessis
» ASAB
» ASE
