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Disclosure in Criminal Proceedings

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 P. M. Callow


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 Keith Pugsley, Ken Miles


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Responsibility for Negligence in Ethics and Law: Aspiration, Perspective, and Civic Maturity


ISBN13: 9780198948186
Published: May 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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Negligent or inadvertent action in both law and ethics is a matter of agency. The pre-theoretical and philosophical views agree that we are responsible for things that we do intentionally, but it is less clear whether we are responsible for inadvertent or negligent actions. The law of negligence in tort law attributes responsibility for inadvertent acts, while in ethics there is deep and serious scepticism about the responsibility for negligent or inadvertent action. How can we be responsible for things that happen beyond the realm of our knowledge or control?

Positioned at the intersection of law and ethics, Responsibility for Negligence in Ethics and Law: Aspiration, Perspective and Civic Maturity responds to these fundamental questions by advancing the idea that the underpinning feature of negligent or inadvertent acts is the phenomenon of akrasia - the lack of integration of character and intelligent thinking. When we act akratically, we are acting contrary to our deliberated intention, due to an uneven development of character and thoughts about what is right, dutiful, and good. Using an Aristotelian-inspired model of deliberation, the book illustrates how legal decisions in negligence invite citizens to adopt a deliberative-aspirational perspective. This perspective encourages them to reshape, redescribe, and rethink their duties of care to meet the aspirational standard of the reasonable person. Consequently, the book argues that the purpose of negligence law is to promote values of citizen engagement and civic maturity.

Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to rethink private law's purpose and methodology.

Subjects:
Tort Law, Jurisprudence

Series: Oxford Private Law Theory

Oxford Studies in Private Law Theory: Volume III ISBN 9780198961192
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Oxford University Press
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Property Law in the Society of Equals ISBN 9780197768952
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Omissions in Tort Law ISBN 9780198866596
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Relational Justice: A Theory of Private Law ISBN 9780198876229
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Wrongs, Harms, and Compensation: Paying for our Mistakes (eBook) ISBN 9780192679765
Published September 2023
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Wrongs, Harms, and Compensation: Paying for our Mistakes ISBN 9780192864567
Published September 2023
Oxford University Press
£90.00
Oxford Studies in Private Law Theory, Volume II (eBook) ISBN 9780198876120
Published May 2023
Oxford University Press
£75.00
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Oxford Studies in Private Law Theory, Volume II ISBN 9780198876076
Published May 2023
Oxford University Press
£90.00
Private Law and Practical Reason: Essays on John Gardner's Private Law Theory (eBook) ISBN 9780192671721
Published March 2023
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£66.99
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Private Law and Practical Reason: Essays on John Gardner's Private Law Theory ISBN 9780192857330
Published March 2023
Oxford University Press
£100.00
Oxford Studies in Private Law Theory: Volume I ISBN 9780198851356
Published November 2020
Oxford University Press
£107.50
Civil Wrongs and Justice in Private Law ISBN 9780190865269
Published April 2020
Oxford University Press USA
£115.00
Rights, Wrongs, and Injustices: The Structure of Remedial Law ISBN 9780199229772
Published November 2019
Oxford University Press
£122.50