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POSTSCRIPT: RESPONSIBILITY AND RETRIBUTION

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0009
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter presents the author's response to criticisms about the distinctions he made between the ideas of responsibility and retribution. Topics discussed include role-responsibility, causal ... More


Legal Liability-Responsibility

WILLIAM LUCY

in Philosophy of Private Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.003.0002
Subject:
Law, Philosophy of Law

This chapter discusses the concept of legal liability-responsibility. Legal liability-responsibility refers to all the general components usually necessary to incur legal blame and, in private law, ... More


Lessons from Libet

Walter Sinnott-Armstrong

in Conscious Will and Responsibility: A Tribute to Benjamin Libet

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381641
eISBN:
9780199864911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381641.003.0020
Subject:
Psychology, Cognitive Psychology

The real question that Libet's experiments raise is whether our conscious wills cause the willed actions. What is at issue is the effects rather than the causes of conscious will. The question is ... More


Global Responsibility for Human Rights: World Poverty and the Development of International Law

Margot E. Salomon and Foreword by Stephen P. Marks

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.001.0001
Subject:
Law, Human Rights and Immigration

World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law establishes that cooperation is ... More


The Schizophrenias of R2P

José E Alvarez

in Human Rights, Intervention, and the Use of Force

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552719
eISBN:
9780191721090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552719.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the current state of debates over humanitarian intervention, by examining a concept that is all the rage in UN circles, namely the ‘responsibility to protect’ (R2P). It ... More


Introduction

Benjamin Libet

in Conscious Will and Responsibility: A Tribute to Benjamin Libet

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381641
eISBN:
9780199864911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381641.003.0001
Subject:
Psychology, Cognitive Psychology

This introductory chapter begins with a discussion of our wills as a challenge to moral and legal responsibility. It is concerned with not whether anything causes our wills but, instead, whether our ... More


Conclusion

WILLIAM LUCY

in Philosophy of Private Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.003.0011
Subject:
Law, Philosophy of Law

This chapter highlights some of the themes and loose ends that have emerged in both Parts I and II of this book and tries, where possible, either to trim or tie up the latter. The main burden of the ... More


The Pathology of Cartels: Addressing Issues of Agency and Responsibility

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199551484
eISBN:
9780191594977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551484.003.0010
Subject:
Law, EU Law, Competition Law

This chapter takes a criminological approach to the phenomenon of business cartels, by posing questions about the nature of cartel delinquency, probing the perceived elements of wrongdoing and damage ... More


Causation in Legal Theory

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0005
Subject:
Law, Philosophy of Law

The most frequent type of causal question which courts face is whether a human action or omission caused some specific harm; but even this one form of question may be relevant to legal responsibility ... More


The Distinction between [P] and [S]

Galen Strawson

in Locke on Personal Identity: Consciousness and Concernment

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161006
eISBN:
9781400851843
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161006.003.0018
Subject:
Philosophy, General

This chapter examines the difference between John Locke's definition of a person [P], considered as a kind of thing, and his definition of a subject of experience of a certain sophisticated sort [S]. ... More


Conclusion: The Moral Responsibility of Firms:Past, Present, and Future

Eric W. Orts

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0012
Subject:
Business and Management, Corporate Governance and Accountability

The Conclusion reflects on some of the major themes raised in the various contributions in the book and suggests some future directions. Drawing on legal understandings, as well as the recent example ... More


Staff Support

Malcolm Payne

in Psychosocial Issues in Palliative Care

Published in print:
2008
Published Online:
November 2011
ISBN:
9780199216420
eISBN:
9780191730306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199216420.003.0013
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making, Palliative Medicine Research

This chapter examines why staff support is considered a psychosocial issue in palliative care. It explains that staff support is a psychosocial issue because employers have a legal and moral ... More


Conceptual Interplay between Elements of the Tort of Negligence

Jane Stapleton

in Three Essays on Torts

Published in print:
2021
Published Online:
February 2021
ISBN:
9780192893734
eISBN:
9780191914706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893734.003.0003
Subject:
Law, Law of Obligations

Chapter 3 examines how elements of the tort of negligence interact in critical conceptual ways and suggests that re-conceptualisation of aspects of those elements offers a more transparent and ... More


The Philosophical Foundations of Tort Law

David G. Owen (ed.)

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.001.0001
Subject:
Law, Philosophy of Law

This collection of 22 chapters on the philosophical fundamentals of tort law assembles many of the world’s leading commentators on this conjunction of law and philosophy. The contributions range ... More


Reduced Responsibility: Distinguishing Conditions in Which Biomarkers Properly Reduce Legal Responsibility

Matthew L. Baum

in The Neuroethics of Biomarkers: What the Development of Bioprediction Means for Moral Responsibility, Justice, and the Nature of Mental Disorder

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190236267
eISBN:
9780190236281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190236267.003.0007
Subject:
Neuroscience, Behavioral Neuroscience

This chapter discusses the relevance of bioprediction to reductions in legal responsibility. The chapter responds to general objections in the context of neuroscience and law to the use of ... More


Causation in the Law

H. L. A. Hart and Tony Honoré

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.001.0001
Subject:
Law, Philosophy of Law

This text is an updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal ... More


Critiquing Violence: Benjamin on Law and the Divine

Gavin Rae

in Critiquing Sovereign Violence: Law, Biopolitics, Bio-Juridicalism

Published in print:
2019
Published Online:
January 2020
ISBN:
9781474445283
eISBN:
9781474465144
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474445283.003.0002
Subject:
Philosophy, Political Philosophy

Focusing on Walter Benjamin’s famous critique of violence in his 1921 essay of the same title, this chapter argues that Benjamin’s distinction between divine and legal violence also points to two ... More


Traumatic Responsibility: Victor Frankenstein as Creator and Casualty

Josephine Johnston

in Frankenstein: Annotated for Scientists, Engineers, and Creators of All Kinds

Published in print:
2017
Published Online:
January 2018
ISBN:
9780262533287
eISBN:
9780262340267
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262533287.003.0006
Subject:
Literature, 19th-century and Victorian Literature

A rich theme running through Mary Shelley’s Frankenstein is responsibility. The novel explores the responsibility that Victor Frankenstein has for the destruction caused by his scientific curiosity, ... More


How Insiders Abuse the Idea of Corporate Personality

Ian Maitland

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0007
Subject:
Business and Management, Corporate Governance and Accountability

This chapter examines the practice of attributing moral and legal responsibility to corporations and its potential for abuse in three different contexts. First, the author describes how the concept ... More


Free Will as a Matter of Law

Adam J. Kolber

in Philosophical Foundations of Law and Neuroscience

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743095
eISBN:
9780191802980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743095.003.0002
Subject:
Law, Philosophy of Law, Medical Law

This chapter confronts the issue of free will in neurolaw, rejecting one of the leading views of the relationship between free will and legal responsibility on the ground that the current system of ... More


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