Download or read book The Ethics and Law of Omissions written by Dana Kay Nelkin and published by Oxford University Press. This book was released on 2017 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume of new essays explores the principles that govern moral responsibility and legal liability for omissive conduct--behavior that did not occur. Many contributors here try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, contributors also consider various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good. Included with the essays is an introduction to the topic by the volume editors. The book will be of interest to moral philosophers, philosophers of law, and other legal scholars.
Download or read book Obligations and Omissions written by Rebecca Tiessen and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-12 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: On issues pertaining to women and girls, Stephen Harper’s federal government positioned Canada as a “beacon of light” in the world. Programs were developed in relation to women’s maternal health and the protection of the girl child, but other actions point to an ambiguous and even contradictory approach that failed to address gender inequality. In Obligations and Omissions, contributors examine Canada’s equivocal – and diminished – role in working toward gender equality in the period between 2006 and 2015. Using a critical feminist lens to document, analyze, and challenge Canada’s relations with the Global South, chapters explore the extent to which matters of gender equality have been erased or exploited under the Harper government and the factors that explain these policy shifts. While the contributors document successes in Canada’s approach to some issues facing women and girls around the world, they also show many problems with the ways that agenda was framed and implemented under the Conservative government.. Drawing on rich theoretical investigation, empirical research, and discourse analysis, Obligations and Omissions reveals a complex picture of diverse practices, underscoring the implications of these actions for communities in the Global South, for Canada’s image in the international community, and for future governments in the pursuit of a renewed gender equality strategy.
Download or read book Obligations and Omissions written by Rebecca Tiessen and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-12 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: On issues pertaining to women and girls, Stephen Harper’s federal government positioned Canada as a “beacon of light” in the world. Programs were developed in relation to women’s maternal health and the protection of the girl child, but other actions point to an ambiguous and even contradictory approach that failed to address gender inequality. In Obligations and Omissions, contributors examine Canada’s equivocal – and diminished – role in working toward gender equality in the period between 2006 and 2015. Using a critical feminist lens to document, analyze, and challenge Canada’s relations with the Global South, chapters explore the extent to which matters of gender equality have been erased or exploited under the Harper government and the factors that explain these policy shifts. While the contributors document successes in Canada’s approach to some issues facing women and girls around the world, they also show many problems with the ways that agenda was framed and implemented under the Conservative government.. Drawing on rich theoretical investigation, empirical research, and discourse analysis, Obligations and Omissions reveals a complex picture of diverse practices, underscoring the implications of these actions for communities in the Global South, for Canada’s image in the international community, and for future governments in the pursuit of a renewed gender equality strategy.
Download or read book Omissions written by Randolph Clarke and published by Oxford University Press, USA. This book was released on 2014 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Positive Obligations in Criminal Law written by Andrew Ashworth and published by A&C Black. This book was released on 2014-07-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Download or read book State Responsibility for Omissions written by Lucas Bastin and published by . This book was released on 2017 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Positive Obligations in Criminal Law written by Andrew Ashworth and published by . This book was released on 2013 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a set of essays, old and new, examining the positive obligationsof individuals and the state in matters of criminal law.
Download or read book The Ethics and Law of Omissions written by Dana Kay Nelkin and published by Oxford University Press. This book was released on 2017-10-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume of new essays explores the principles that govern moral responsibility and legal liability for omissive conduct--behavior that did not occur. Many contributors here try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, contributors also consider various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good. Included with the essays is an introduction to the topic by the volume editors. The book will be of interest to moral philosophers, philosophers of law, and other legal scholars.
Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Problem of Negligent Omissions written by Michael Barnwell and published by BRILL. This book was released on 2010-09-14 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through insightful interpretations of the action theories propounded by Aristotle, Anselm, Aquinas, Scotus, and Suárez, this book demonstrates the philosophical and theological importance of negligent omissions and constructs a model by which the problem of their voluntariness can be solved.
Download or read book Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
Download or read book Criminal Law Theory written by Stephen Shute and published by Oxford University Press, USA. This book was released on 2002 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Download or read book Complicity in International Law written by Miles Jackson and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Download or read book The Canadian Law of Obligations written by Margaret Isabel Hall and published by . This book was released on 2018-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
