Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Download or read book Hart on Responsibility written by C. Pulman and published by Palgrave Macmillan. This book was released on 2014-11-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays discussing Herbert Hart's writings on responsibility. The essays focus upon Hart's work on causation in the law and on the justification of punishment. Specific topics discussed include senses of 'responsibility', voluntariness, Mill's harm principle, mens rea, excuses, the Hart-Wootton debate, and negligence.

Download or read book Hart on Responsibility written by C. Pulman and published by Springer. This book was released on 2014-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays discussing Herbert Hart's writings on responsibility. The essays focus upon Hart's work on causation in the law and on the justification of punishment. Specific topics discussed include senses of 'responsibility', voluntariness, Mill's harm principle, mens rea, excuses, the Hart-Wootton debate, and negligence.

Download or read book War and Responsibility written by John Hart Ely and published by Princeton University Press. This book was released on 2020-10-06 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.

Download or read book Action and Responsibility written by Andrew Sneddon and published by Springer Science & Business Media. This book was released on 2006-01-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an exploration of what it takes for an event to count as an action. I first became interested in this topic nearly a decade ago while working on a different topic. I kept coming across philosophers making claims about the nature of action that seemed false or at least dubious to me. As a consequence I turned to the philosophy of action directly, to get to the heart of the matter. I have wrestled with this territory ever since. I hope that, with this book, I have finally earned the intuitions that put me at odds with the philosophers I was originally reading. This book develops ideas in Part Two of my doctoral dissertation, which I wrote at Queen’s University in Kingston, Ontario, Canada. I loved being at Queen’s, for both professional and personal reasons. My thanks go to the Social Sciences and Humanities Research Council of Canada for financial support as a doctoral candidate. Steve Leighton and Ronald de Sousa were readers for my dissertation. They provided some early and invaluable challenges to the ideas developed here. My deepest debt of gratitude is owed to David Bakhurst, my supervisor. I learned a lot from David; this book would not be the same without his help.

Download or read book The Legacy of H L A Hart written by Matthew H. Kramer and published by . This book was released on 2008 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from eighteen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Download or read book Responsible Parents and Parental Responsibility written by Rebecca Probert and published by Bloomsbury Publishing. This book was released on 2009-05-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law. This title is included in Bloomsbury Professional's Family Law online service.

Download or read book Defeasibility in Philosophy written by Claudia Blöser and published by Rodopi. This book was released on 2013-12-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defeasibility, most generally speaking, means that given some set of conditions A, something else B will hold, unless or until defeating conditions C apply. While the term was introduced into philosophy by legal philosopher H.L.A. Hart in 1949, today, the concept of defeasibility is employed in many different areas of philosophy. This volume for the first time brings together contributions on defeasibility from epistemology (Mikael Janvid, Klemens Kappel, Hannes Ole Matthiessen, Marcus Willaschek, Michael Williams), legal philosophy (Frederick Schauer) and ethics and the philosophy of action (Claudia Blöser, R. Jay Wallace, Michael Quante and Katarzyna Paprzycka). The volume ends with an extensive bibliography (by Michael de Araujo Kurth).

Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.

Download or read book Rethinking Responsibility written by K. E. Boxer and published by Oxford University Press. This book was released on 2013-02-07 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: K. E. Boxer explores moral responsibility, and whether it is compatible with causal determinism. She suggests that to answer this question we must focus on responsibility in the sense of liability, and that an incompatibilist view may only be preserved on an understanding of the moral desert of punishment that many find morally problematic.

Download or read book Relating to Responsibility written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2001-10-24 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume,written by eight of the world's leading legal theorists and philosophers, began life as papers presented at seminars (held in Canberra and New York) devoted to the ideas of Tony Honoré, who is one of the most important legal thinkers of his generation. The focus is on issues dealt with in Honoré's recent book, Responsibility and Fault (1999), including determinism and luck, causation, outcome responsibility, and the morality of strict liability. Honoré's book, and these essays, discuss fundamental questions about the relationship between moral and legal responsibility. They explore the contribution that the philosophy of action and of mind can make to understanding the law.

Download or read book Responsibility in Law and Morality written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2002-04-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book On Guilt Responsibility and Punishment written by Alf Ross and published by Univ of California Press. This book was released on 1975-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.

Download or read book State Responsibility Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Download or read book Drug Use for Grown Ups written by Dr. Carl L. Hart and published by Penguin. This book was released on 2022-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hart’s argument that we need to drastically revise our current view of illegal drugs is both powerful and timely . . . when it comes to the legacy of this country’s war on drugs, we should all share his outrage.” —The New York Times Book Review From one of the world's foremost experts on the subject, a powerful argument that the greatest damage from drugs flows from their being illegal, and a hopeful reckoning with the possibility of their use as part of a responsible and happy life Dr. Carl L. Hart, Ziff Professor at Columbia University and former chair of the Department of Psychology, is one of the world's preeminent experts on the effects of so-called recreational drugs on the human mind and body. Dr. Hart is open about the fact that he uses drugs himself, in a happy balance with the rest of his full and productive life as a researcher and professor, husband, father, and friend. In Drug Use for Grown-Ups, he draws on decades of research and his own personal experience to argue definitively that the criminalization and demonization of drug use--not drugs themselves--have been a tremendous scourge on America, not least in reinforcing this country's enduring structural racism. Dr. Hart did not always have this view. He came of age in one of Miami's most troubled neighborhoods at a time when many ills were being laid at the door of crack cocaine. His initial work as a researcher was aimed at proving that drug use caused bad outcomes. But one problem kept cropping up: the evidence from his research did not support his hypothesis. From inside the massively well-funded research arm of the American war on drugs, he saw how the facts did not support the ideology. The truth was dismissed and distorted in order to keep fear and outrage stoked, the funds rolling in, and Black and brown bodies behind bars. Drug Use for Grown-Ups will be controversial, to be sure: the propaganda war, Dr. Hart argues, has been tremendously effective. Imagine if the only subject of any discussion about driving automobiles was fatal car crashes. Drug Use for Grown-Ups offers a radically different vision: when used responsibly, drugs can enrich and enhance our lives. We have a long way to go, but the vital conversation this book will generate is an extraordinarily important step.