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9780521088664

Liability and Responsibility: Essays in Law and Morals

by
  • ISBN13:

    9780521088664

  • ISBN10:

    0521088666

  • Edition: 1st
  • Format: Paperback
  • Copyright: 2008-10-30
  • Publisher: Cambridge University Press

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Summary

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.

Table of Contents

Preface
List of contributors
Introduction
Responsibility: Some Conceptual Problems
Can responsibility be diminished?
Intention and side-effects
Attempting the impossible
Consent, Choice and Contracts
Beyond foreseeability: consequential damages in the law of contract
Rights and remedies in a consent theory of contract
A bargaining theory approach to default provisions and disclosure rules in contract law
Risk, Compensation and Torts
Theories of compensation
Liberty, community and corrective justice
Risk, causation, and harm
Punishment
Retributive hatred: an essay on criminal liability and the emotions
A new theory of retribution
Punishment and self-defense
Table of Contents provided by Publisher. All Rights Reserved.

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