By R. G. Frey, Christopher W. Morris
ISBN-10: 0521088666
ISBN-13: 9780521088664
ISBN-10: 0521392160
ISBN-13: 9780521392167
This selection of modern essays through a bunch of famous philosophers and criminal theorists covers a number of issues within the philosophy of legislation, targeting matters relating legal responsibility in agreement, tort, and legal legislation. The e-book is split into 4 sections. the 1st offers a conceptual evaluation of the problems at stake in a philosophical dialogue of legal responsibility and accountability. the second one, 3rd, and fourth sections current, in flip, extra targeted explorations of the jobs of notions of legal responsibility and accountability in contracts, torts, and punishment. the gathering not just provides probably the most hard paintings being performed in criminal philosophy this present day, it additionally demonstrates the interdisciplinary personality of the sector of philosophy of legislations, with members bearing in mind contemporary advancements in economics, political technology, and rational selection idea. This thought-provoking quantity can help to make clear the underexplored flooring that lies among legislation and morals.
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Extra resources for Liability and Responsibility: Essays in Law and Morals
Sample text
The Unity of Value As noted above, Raz’s contributes the lone entry in our volume’s first section. xii) research agenda comprising questions that Dworkin has left for us. To this end, Raz sets out a general statement of the unity of value thesis and then explores two interpretations of it. As a preface to his statement of the unity of value thesis, Raz notes that Dworkin’s termvalue refers to a broad normative category that includes reasons, norms, virtues, and values in the narrower, more common sense of the term.
Our guiding principle in this regard is that the volume’s final section should comprise contributions that focus on the fundamental structure and values of discrete bodies of law. Thus, for example, we grouped Halliday’s piece with the contributions pertaining to Dworkin’s political philosophy rather than the volume’s final section on the grounds that although his piece has implications for the justice of tax policy and laws governing intergenerational transfer, its primary objective is not to explicate the fundamental structure or underlying defining values of a discrete body of law.
Second, violating those norms is an affront to the dignity of those who accept and conform to such obligations, for such violations are failures of reciprocity that render others’ unrequited conformity to the practice a tacit denial of their equal worth. 22 However, this qualification introduces yet a further tension. On the one hand, respect for human dignity requires conformity to the extant laws of the community despite their imperfections, yet on the other, it might be that by disobeying those laws one might contribute to efforts that might lead the community to a more perfect appreciation of the equal worth of its citizens.