LEADER 04348nam 22007091 450 001 9910810379103321 005 20040922141445.0 010 $a1-4725-6253-4 010 $a1-280-80771-7 010 $a9786610807710 010 $a1-84731-026-5 024 7 $a10.5040/9781472562531 035 $a(CKB)1000000000338507 035 $a(EBL)270779 035 $a(OCoLC)476005446 035 $a(SSID)ssj0000236858 035 $a(PQKBManifestationID)11203242 035 $a(PQKBTitleCode)TC0000236858 035 $a(PQKBWorkID)10173372 035 $a(PQKB)10332205 035 $a(MiAaPQ)EBC1750686 035 $a(MiAaPQ)EBC270779 035 $a(Au-PeEL)EBL1750686 035 $a(CaPaEBR)ebr10276031 035 $a(CaONFJC)MIL80771 035 $a(OCoLC)191726256 035 $a(UtOrBLW)bpp09256511 035 $a(Au-PeEL)EBL270779 035 $a(EXLCZ)991000000000338507 100 $a20140929d2002 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aResponsibility in law and morality /$fPeter Cane 205 $a1st ed. 210 1$aOxford, [UK] ;$aPortland, Oregon :$cHart Publishing,$d2002. 215 $a1 online resource (316 p.) 300 $aDescription based upon print version of record. 311 $a1-84113-400-7 311 $a1-84113-321-3 320 $aIncludes bibliographical references (pages [285]-296) and index. 327 $a1. 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 -- 7. Realising Responsibility -- 8. Responsibility in Public Law -- 9. Thinking about Responsibility -- References -- Index. 330 $a"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."--Bloomsbury Publishing. 606 $aLaw and ethics 606 $aLaw$xMoral and ethical aspects 606 $aLiability (Law) 606 $aResponsibility 606 $2Jurisprudence & philosophy of law 615 0$aLaw and ethics. 615 0$aLaw$xMoral and ethical aspects. 615 0$aLiability (Law) 615 0$aResponsibility. 676 $a340.112 700 $aCane$b Peter$f1950-$0292689 801 0$bUtOrBLW 801 1$bUtOrBLW 906 $aBOOK 912 $a9910810379103321 996 $aResponsibility in law and morality$93976939 997 $aUNINA