• Law

Liability and Responsibility

Essays in Law and Morals
Author: Raymond Gillespie Frey,Christopher W. Morris
Publisher: Cambridge University Press
ISBN: 9780521392167
Category: Law
Page: 430
View: 8134
This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.

    • Law

Liability and Environment

Private and Public Law Aspects of Civil Liability for Environmental Harm Inan International Context
Author: Lucas Bergkamp
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116451
Category: Law
Page: 708
View: 6370
"This book provides an analysis of civil liability for environmental harm in an inter- and transnational context. It covers both liability of private parties and state liability under international and EC law, and discusses national law developments in this area. It explores in particular the relationship between public environmental law and private liability law. Applying an instrumental approach to legal instruments, it aims to redefine the role of liability in this heavily regulated area." -- from the Preface.

    • Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H.L.A. Hart
Publisher: Oxford University Press
ISBN: 0199534772
Category: Law
Page: 277
View: 5968
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Climate Change Liability and Beyond


Author: N.A
Publisher: 國立臺灣大學出版中心
ISBN: 9863502111
Category:
Page: 384
View: 336
Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.

    • Business & Economics

Business, Innovation and Responsibility


Author: Sophie Pellé
Publisher: John Wiley & Sons
ISBN: 1786301032
Category: Business & Economics
Page: 182
View: 623
Responsible Innovation. For some, this expression is only an oxymoron or, worse, a means of masking with a sheet of virtue economic practices that would otherwise appear selfish and self-interested. For others, theorists and actors of innovation, this expression represents a formidable lever of action and a rich conceptual source from which to draw new ways of innovating. The articulation between different levels of norms – economic and ethical, to which we can add the legal dimension – is not new, and is the subject of an in-depth reflection, decades old, around the idea of Corporate Social Responsibility (CSR). By taking up some debates on CSR, most of which are foreign to the current authors of responsible innovation, this book examines the various justifications that CSR brings in order to convince economic players, subject to powerful market forces, of their responsible commitment. But these are not enough. The book also explores the specific contribution of the concept of responsible innovation to coping with the technological, social and political breakthroughs generated by innovation, and is based on philosophical resources such as the ethics of virtue and the ethics of “care”.

    • Law

Causation and Responsibility

An Essay in Law, Morals, and Metaphysics
Author: Michael S. Moore
Publisher: Oxford University Press
ISBN: 0199599513
Category: Law
Page: 640
View: 3582
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

    • Law

Civil Liability in Criminal Justice


Author: Darrell L. Ross
Publisher: Routledge
ISBN: 1351062646
Category: Law
Page: 560
View: 1425
The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance. The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.

    • Law

Responsibility in Law and Morality


Author: Peter Cane
Publisher: Hart Publishing
ISBN: 1841133213
Category: Law
Page: 303
View: 8642
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 withculpability (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.

    • Law

Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 0674495535
Category: Law
Page: N.A
View: 7002
Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.

    • Law

The Environment, Risk and Liability in International Law


Author: Julio Barboza
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188789
Category: Law
Page: 204
View: 1372
The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.

    • Law

Due Diligence in International Law


Author: Joanna Kulesza
Publisher: BRILL
ISBN: 9004325190
Category: Law
Page: 380
View: 7776
Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.

    • Business & Economics

The Oxford Handbook of International Environmental Law


Author: Daniel Bodansky,Jutta Brunnée,Ellen Hey
Publisher: Oxford University Press, USA
ISBN: 9780199552153
Category: Business & Economics
Page: 1080
View: 8533
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.


    • Law

Responsibility and Liability in the Context of Transboundary Movements of Hazardous Wastes by Sea

Existing Rules and the 1999 Liability Protocol to the Basel Convention
Author: Jan Albers
Publisher: Springer
ISBN: 3662433494
Category: Law
Page: 370
View: 3785
The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.

    • Law

Answering for Crime

Responsibility and Liability in the Criminal Law
Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 1847317170
Category: Law
Page: 342
View: 9942
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.

    • Law

Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif

Xivth International Congress of Comparative Law = Xive Congres Internationalde Droit Compare
Author: Hans De Doelder,Klaus Tiedemann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041101655
Category: Law
Page: 401
View: 2747
This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.

    • Law

Answering for Crime

Responsibility and Liability in the Criminal Law
Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 1847313922
Category: Law
Page: 342
View: 404
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.

    • Law

The Legacy of H.L.A. Hart

Legal, Political, and Moral Philosophy
Author: Matthew H. Kramer
Publisher: Oxford University Press on Demand
ISBN: 0199542899
Category: Law
Page: 353
View: 2929
This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

    • Philosophy

Responsibility and Criminal Liability


Author: C.T. Sistare
Publisher: Springer Science & Business Media
ISBN: 9400924402
Category: Philosophy
Page: 187
View: 3978
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.