Responsibility in Law and Morality.
- 1st ed.
- 1 online resource (316 pages)
Half Title Page -- Title Page -- Title verso -- Preface -- Contents -- 1. Moral and Legal Responsibility -- 1.1 PROSPECTUS -- 1.2 THE INSTITUTIONS OF LAW AND MORALITY -- 1.3 THE RELATIONSHIP BETWEEN LAW AND MORALITY -- 1.4 MORAL REASONING AND LEGAL REASONING -- 1.5 SUMMARY -- 2. The Nature and Functions of Responsibility -- 2.1 VARIETIES OF RESPONSIBILITY -- 2.2 RESPONSIBILITY AND SANCTIONS -- 2.3 RESPONSIBILITY, EVIDENCE AND PROOF -- 2.4 RESPONSIBILITY AS A RELATIONAL PHENOMENON -- 2.5 FUNCTIONS OF RESPONSIBILITY PRACTICES -- 2.6 RESPONSIBILITY, LIABILITY AND THE FUNCTIONS OF LAW -- 2.7 CONCLUSION -- 3. Responsibility and Culpability -- 3.1 RESPONSIBILITY, LIABILITY AND CULPABILITY -- 3.2 RESPONSIBILITY AND LUCK -- 3.3 CRITERIA OF LEGAL LIABILITY -- 3.4 THE INCIDENCE OF FAULT-BASED AND STRICT LIABILITY -- 3.5 THE NATURE AND FUNCTION OF LEGAL CRITERIA OF LIABILITY -- 3.6 RESPONSIBILITY, FAULT AND CULPABILITY -- 3.7 SUMMARY -- 4. Responsibility and Causation -- 4.1 CAUSATION, CONSEQUENCES AND OUTCOMES -- 4.2 THE NATURE OF CAUSATION IN LAW -- 4.3 FACTUAL CAUSATION -- 4.4 ATTRIBUTIVE CAUSATION -- 4.5 CAUSATION IN LAW AND MORALITY -- 4.6 CONCLUSION -- 5. Responsibility and Personality -- 5.1 THREE ISSUES OF PERSONALITY AND RESPONSIBILITY -- 5.2 APPROACHES TO THE RELATIONSHIP BETWEEN PERSONALITY AND RESPONSIBILITY -- 5.3 LEGAL PERSONALITY AND THE CORPORATION -- 5.4 LEGAL PRINCIPLES OF GROUP RESPONSIBILITY -- 5.5 GROUP RESPONSIBILITY AND DIVISION OF LABOUR -- 5.6 THE SCOPE AND FUNCTIONS OF GROUP RESPONSIBILITY -- 5.7 LEGAL AND MORAL GROUP RESPONSIBILITY -- 5.8 MODIFIED HUMANISTIC APPROACHES -- 5.9 DIVIDED MINDS -- 5.10 SHARED RESPONSIBILITY -- 5.11 CONCLUSION -- 6. Grounds and Bounds of Responsibility -- 6.1 THE BASIC ARGUMENT AND A PROSPECTUS -- 6.2 RESPONSIBILITY, PROTECTED INTERESTS AND THE FUNCTIONS OF LAW. 6.3 RESPONSIBILITY, DISTRIBUTIVE JUSTICE AND THE FUNCTIONS OF LAW -- 6.4 PROTECTED INTERESTS, PROSCRIBED CONDUCT AND DISTRIBUTIVE JUSTICE -- 6.5 GROUNDS OF LEGAL RESPONSIBILITY -- 6.6 THE BOUNDS OF LEGAL RESPONSIBILITY -- 7. Realising Responsibility -- 7.1 THE "LAW IN THE BOOKS" VS THE "LAW IN ACTION" -- 7.2 SETTLEMENT -- 7.3 SELECTIVE ENFORCEMENT -- 7.4 SPREADING LEGAL RESPONSIBILITY -- 7.5 CONCLUSION -- 8. Responsibility in Public Law -- 8.1 THE PUBLIC LAW PARADIGM -- 8.2 THE INSTITUTIONAL FRAMEWORK OF PUBLIC LAW -- 8.3 THE PROVINCE OF PUBLIC LAW -- 8.4 GROUNDS OF PUBLIC LAW RESPONSIBILITY -- 8.5 BOUNDS OF PUBLIC LAW RESPONSIBILITY -- 8.6 PUBLIC LAW RESPONSIBILITY AND "THE PROBLEM OF DIRTY HANDS" -- 8.7 CONCLUSION -- 9. Thinking about Responsibility -- References -- Index.
In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.