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Vol 25 No 2 Feb/March 2020

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Liability and Responsibility: Essays in Law and Morals

Edited by: R Frey, Christopher Morris

ISBN13: 9780521392167
ISBN: 0521392160
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £108.00
Paperback edition , ISBN13 9780521088664

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This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in contracts, torts, and punishment. The collection not only presents some of the most challenging work being done in legal philosophy today, it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science, and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals.

List of contributors
Introduction R. G. Frey and Christopher W. Morris
Part I. Responsibility: Some Conceptual Problems:
1. Can responsibility be diminished? Anthony Kenny
2. Intention and side-effects John Finnis
3. Attempting the impossible Alan R. White
Part II. Consent, Choice and Contracts:
4. Beyond foreseeability: consequential damages in the law of contract Richard A. Epstein
5. Rights and remedies in a consent theory of contract Randy E. Barnett
6. A bargaining theory approach to default provisions and disclosure rules in contract law Jules L. Coleman, Douglas D. Heckathorn and Steven M. Maser
Part III. Risk, Compensation and Torts:
7. Theories of compensation Robert E. Goodin
8. Liberty, community and corrective justice Ernest J. Weinrib
9. Risk, causation, and harm Glen O. Robinson
Part IV. Punishment:
10. Retributive hatred: an essay on criminal liability and the emotions Jeffrie G. Murphy
11. A new theory of retribution Jean Hampton
12. Punishment and self-defense George P. Fletcher.