Responsibility in Law and Morality
Format:Paperback
Publisher:Bloomsbury Publishing PLC
Published:9th Jul '03
Currently unavailable, and unfortunately no date known when it will be back
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. 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.
...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002
ISBN: 9781841134000
Dimensions: 234mm x 156mm x 16mm
Weight: 470g
320 pages