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Omissions by Randolph Clarke,Randolph K. Clarke Pdf
Besides acting, we often omit to do or refrain from doing certain things. Omitting and refraining are not simply special cases of action; they require their own distinctive treatment. This book offers the first comprehensive account of these phenomena, addressing questions of metaphysics, agency, and moral responsibility.
Responsibility and Criminal Liability by C.T. Sistare Pdf
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.
Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Oxford Studies in Agency and Responsibility Volume 8 by Santiago Amaya,David Shoemaker,Manuel Vargas Pdf
Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: · What does it mean to be an agent? · What is the nature of moral responsibility? Of criminal responsibility? What is the relation between moral and criminal responsibility (if any)? · What is the relation between responsibility and the metaphysical issues of determinism and free will? · What do various psychological disorders tell us about agency and responsibility? · How do moral agents develop? How does this developmental story bear on questions about the nature of moral judgment and responsibility? · What do the results from neuroscience imply (if anything) for our questions about agency and responsibility? OSAR thus straddles the areas of moral philosophy and philosophy of action, but also draws from a diverse range of cross-disciplinary sources, including moral psychology, psychology proper (including experimental and developmental), philosophy of psychology, philosophy of law, legal theory, metaphysics, neuroscience, neuroethics, political philosophy, and more. It is unified by its focus on who we are as deliberators and (inter)actors, embodied practical agents negotiating (sometimes unsuccessfully) a world of moral and legal norms. Volume 8 focuses on non-ideal agency and responsibility.
Responsibility in Law and Morality by Peter Cane Pdf
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.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 53,8 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Oxford Studies in Agency and Responsibility Volume 5 by D. Justin Coates,Neal A. Tognazzini Pdf
Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: · What does it mean to be an agent? · What is the nature of moral responsibility? Of criminal responsibility? What is the relation between moral and criminal responsibility (if any)? · What is the relation between responsibility and the metaphysical issues of determinism and free will? · What do various psychological disorders tell us about agency and responsibility? · How do moral agents develop? How does this developmental story bear on questions about the nature of moral judgment and responsibility? · What do the results from neuroscience imply (if anything) for our questions about agency and responsibility? No one has written more insightfully on the promises and perils of human agency than Gary Watson, who has spent a career thinking about issues such as moral responsibility, blame, free will, weakness of will, addiction, and psychopathy. This special edition of OSAR pays tribute to Watson's work by taking up and extending themes from his pioneering essays.
Neuroscience and Legal Responsibility by Nicole A Vincent Pdf
Adopting a broadly compatibilist approach, this volume's authors argue that the behavioral and mind sciences do not threaten the moral foundations of legal responsibility. Rather, these sciences provide fresh insight into human agency and updated criteria as well as powerful diagnostic and intervention tools for assessing and altering minds.
Agency, Freedom, and Moral Responsibility by Andrei Buckareff,Carlos Moya,Sergi Rosell Pdf
In recent years there has been a resurgence of interest in problems related to human agency and responsibility by philosophers and researchers in cognate disciplines. The present volume brings together original contributions by leading specialists working in this vital field of philosophical inquiry. The contents represent the state of the art of philosophical research on intentional agency, free will, and moral responsibility. The volume begins with chapters on the metaphysics of agency and moves to chapters examining various problems of luck. The final two sections have a normative focus, with the first of the two containing chapters examining issues related to responsible agency and blame and the chapters in the final section examine responsibility and relationships. This book will be of interest to researchers and students interested in both metaphysical and normative issues related to human agency.
Civil Liability in Criminal Justice by Darrell L. Ross Pdf
Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.