Relating to Responsibility: Essays in Honour of Tony Honoré on his 80th BirthdayPeter Cane, John Gardner 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. |
Contents
| 1 | |
AN AGENTCENTRED VIEW | 21 |
3 PRIVATE LAW AND PRIVATE NARRATIVES | 37 |
4 HONORÉ ON RESPONSIBILITY FOR OUTCOMES | 61 |
A RELATIONAL AND FUNCTIONAL APPROACH TO RESPONSIBILITY | 81 |
6 OBLIGATIONS AND OUTCOMES IN THE LAW OF TORTS | 111 |
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accept action actually agent allocation answer approach argue argument attribution avoid beliefs blame bricoleur capacity causal cause chocolate claim common concept concerns condition conduct connection consequences contrast course death defendant desire determinate distinction distribution doctrine effect example exercise express fact factor fail failure fair fault give harm Hart and Honoré hold idea important injure interest involvement issue John judges justice justify least less luck matter means moral nature negligence normative notion objection obligation one’s otherwise outcome responsibility Oxford particular perform person played possess possible practice Press principle problem question rational reasons regarded relation relevant requires result risk role rule seems self-control sense social standards strict liability succeed suggest theory things tion tort law treat true turn understanding University values visionary