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Vol 21 No 11 Nov/Dec 2016

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A new edition has been published, the details can be seen here:
Responsibility in Law and Morality isbn 9781841134000

Responsibility in Law and Morality

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Peter CaneProfessor of Law, Research School of Social Sciences, Australian National University, Australia

ISBN13: 9781841133218
ISBN: 1841133213
New Edition ISBN: 1841134007
Published: April 2002
Publisher: Hart Publishing
Format: Hardback
Price: £44.00



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Lawyers who write about responsibility tend to focus on criminial 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 responsiblility to be a more or less a 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. At the heart of the 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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Contents:
Moral and legal responsibility: prospectus; the institutions of law and morality; the relationship between law and morality; moral reasoning and legal reasoning; summary. The nature and functions of responsibility: varieties of responsibility; responsibility and sanctions; responsibility, evidence and proof; responsibility as a relational phenomenon; functions of responsibility practices; responsibility, liability and the functions of law; conclusion. Responsibility and culpability: responsibility, liability and culpability; responsibility and luck; criteria of legal liability; the incidence of fault-based and strict liability; the nature and function of legal criteria of liability; responsibility, fault and culpability; summary. Responsibility and causation: causation, consequences and outcomes; the nature of causation in law; factual causation; attributive causation; causation in law and morality; conclusion. Responsibility and personality: three issues of personality and responsibility; approaches to the relationship between personality and responsibility; legal personality and the corporation; legal principles of group personality; group responsibility and division of labour; the scope and functions of group responsibility; legal and moral group responsibility; modified humanistic approaches; divided minds; shared responsibility; conclusion. Grounds and bounds of responsibility: the basic argument and a prospectus; responsibility, protected interests and the functions of law; responsibility, distributive justice and the functions of law; protected interests, proscribed conduct and distributive justice; grounds of legal responsibility; the bounds of legal responsibility; conclusion. Realising responsibility: the ""law in the books"" vs the ""law in action""; settlement; selective enforcement; spreading legal responsibility; conclusion. Responsibility in public law: the public law paradigm; the institutional framework of public law; the province of public law; grounds of public law responsibility; bounds of public law responsibility; public law responsibility and ""the problem of dirty hands""; conclusion. Thinking about responsibility.