Liability and Responsibility: Essays in Law and MoralsR. G. Frey, Christopher W. Morris Cambridge University Press, 29.3.1991 - 430 sivua 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. |
Sisältö
Introduction R G Frey | 1 |
Attempting the impossible Alan R White | 65 |
consequential | 89 |
Rights and remedies in a consent theory | 135 |
A bargaining theory approach to default | 173 |
Theories of compensation Robert E Goodin | 257 |
Liberty community and corrective justice | 315 |
Risk causation and harm Glen O Robinson | 317 |
an essay on criminal | 351 |
A new theory of retribution Jean Hampton | 377 |
Punishment and selfdefense | 415 |
Muita painoksia - Näytä kaikki
Liability and Responsibility: Essays in Law and Morals R. G. Frey,Christopher W. Morris Esikatselu ei käytettävissä - 2008 |
Yleiset termit ja lausekkeet
action agree agreement alienable rights analysis argue argument attempt breach causation choice claim commitment compensation conception consent theory contract curve contract law corrective justice costs court crime default rule defendant desire distinction division doctrine economic effect efficiency enforcement entitlements essay ex ante ex post example fact gains Glanville Williams H. L. A. Hart harm human impossible inalienable individual inflict injury insanity insanity defence intention juridical honour jury justified Kant kill Kronman loss McNaghten rules means measure of damages mens rea ment mental moral personality murder norms objective one's outcome Pareto parties performance Philosophy plaintiff principle prisoner's dilemma private law punishment purpose question rational bargain reason relevant responsibility retributive hatred retributivist risk safeguards self-defense sense side-effects social someone specific strict liability suffering supra note third-party tion tort law transaction resources transfer victim Weinrib wrong wrongdoer