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Criminal Liability for Omissions: An Inventory of Issues

LARRY ALEXANDER

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0006
Subject:
Law, Criminal Law and Criminology

In Anglo-American criminal law, there is no general duty to save others from harm, even when one can do so at little risk to oneself. The position on ignorance of the duty to rescue is in accord with ... More


Obligations of Justice and Beneficence to Aid the Severely Poor

Elizabeth Ashford

in Giving Well: The Ethics of Philanthropy

Published in print:
2011
Published Online:
January 2011
ISBN:
9780199739073
eISBN:
9780199855872
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739073.003.0003
Subject:
Philosophy, General

This chapter takes a close look at Peter Singer's argument that we have individual obligations to help those suffering from chronic severe poverty. The chapter compares Singer's drowning child ... More


Limits on Liability: Duty and Scope of Liability

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0006
Subject:
Psychology, Social Psychology

This chapter describes how tort law deploys the concepts of duty and scope of liability (proximate cause) to limit civil liability. Some of these limits overlap with psychological principles; others ... More


Liability in Emergency Cases

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0017
Subject:
Law, EU Law

An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing ... More


The Unfulfilled Promise of Corporate Philanthropy

Thomas W. Dunfee

in Giving Well: The Ethics of Philanthropy

Published in print:
2011
Published Online:
January 2011
ISBN:
9780199739073
eISBN:
9780199855872
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739073.003.0013
Subject:
Philosophy, General

Rejecting Milton Friedman's classic position, this chapter develops an account of corporate philanthropy as a legitimate corporate activity. The author evaluates arguments for and against the view ... More


Taxation, Welfare, and Benefits

Jethro K. Lieberman

in Liberalism Undressed

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199919840
eISBN:
9780199980376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199919840.003.0005
Subject:
Political Science, Political Theory

This chapter examines taxation and welfare and other forms of state-provided benefits and concludes that under the harm principle the state may legitimately provide a host of public benefits and ... More


The Duty to Act: Toward the Fiduciary Ethic

Jethro K. Lieberman

in Liberalism Undressed

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199919840
eISBN:
9780199980376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199919840.003.0006
Subject:
Political Science, Political Theory

The harm principle ordinarily permits the state to mandate that people take affirmative actions, such as military service, in an extremely limited range of cases. This chapter considers how the duty ... More


The Moral Case for Eradication

Claudia I. Emerson

in Disease Eradication in the 21st Century: Implications for Global Health

Published in print:
2011
Published Online:
August 2013
ISBN:
9780262016735
eISBN:
9780262304207
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262016735.003.0008
Subject:
Biology, Disease Ecology / Epidemiology

This chapter presents arguments to pursue disease eradication from an ethical perspective that include the duty to rescue, the duty to future generations, and the notion of disease eradication as a ... More


Liability in Emergency Cases

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0017
Subject:
Law, Law of Obligations, EU Law

This chapter addresses the question of whether one person can be held liable for failing to rescue another person from a dangerous situation. It begins with an overview of German, French, and English ... More


The Duty to Rescue in Contract Law

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0009
Subject:
Law, Company and Commercial Law

Chapter 9 concerns contexts in which two parties, A and B, have either entered into a contract or taken significant steps to form a contractual relationship, and B is at risk of incurring an ... More


Omissions, Acts, and the Duty to Rescue

Kimberly Kessler Ferzan

in The Ethics and Law of Omissions

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190683450
eISBN:
9780190683481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683450.003.0012
Subject:
Philosophy, Moral Philosophy

In criminal law, if the defendant omits to perform an action, he will typically not be liable unless he is under a duty to act. This chapter argues that the reason that individuals do not generally ... More


Toward a Better Future: International Aid and Global Charity

Bas van der Vossen and Jason Brennan

in In Defense of Openness: Why Global Freedom Is the Humane Solution to Global Poverty

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190462956
eISBN:
9780190462970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190462956.003.0010
Subject:
Philosophy, Political Philosophy

Peter Singer has offered perhaps the most influential argument for increased aid and global redistribution, based on a duty of rescue. This chapter critically evaluates this argument by agreeing with ... More


Drunk Others

Mark D. West

in Drunk Japan: Law and Alcohol in Japanese Society

Published in print:
2020
Published Online:
April 2020
ISBN:
9780190070847
eISBN:
9780190070878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070847.003.0005
Subject:
Law, Criminal Law and Criminology, Comparative Law

This chapter explores the responsibilities of sober people for intoxicated people. It first explores general duties created by relationships and employment law. It then examines responsibilities in ... More


The Mitigation Principle

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0010
Subject:
Law, Company and Commercial Law

Chapter 10 concerns cases in which two parties, A and B, are in a contractual relationship, A is at risk of incurring a significant loss caused by her breach, and B could prevent or reduce A’s loss ... More


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