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Responsibility in Law and Morality Professor Peter Cane

Responsibility in Law and Morality By Professor Peter Cane

Responsibility in Law and Morality by Professor Peter Cane


£8.40
New RRP £75.00
Condition - Very Good
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Summary

In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.

Responsibility in Law and Morality Summary

Responsibility in Law and Morality by Professor Peter Cane

Lawyers who write about responsibility tend to focus on criminal 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 responsibility to be a more or less 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. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this 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.

Responsibility in Law and Morality Reviews

...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002

About Professor Peter Cane

For 20 years,Peter Cane taught law at Corpus Christi College, Oxford. Since 1997 he has been a Professor of Law in the Research School of Social Sciences at the Australian National University.

Table of Contents

1. Moral and Legal Responsibility 2. The Nature and Functions of Responsibility 3. Responsibility and Culpability 4. Responsibility and Causation 5. Responsibility and Personality 6. Grounds and Bounds of Responsibility 7. Realising Responsibility 8. Responsibility in Public Law 9. Thinking about Responsibility References Index

Additional information

GOR013260722
9781841133218
1841133213
Responsibility in Law and Morality by Professor Peter Cane
Used - Very Good
Hardback
Bloomsbury Publishing PLC
20020417
320
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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