The Ethics and Law of Omissions

The Ethics and Law of Omissions
Author: Dana Kay Nelkin
Publisher: Oxford University Press
Total Pages: 265
Release: 2017
Genre: Law
ISBN: 0190683457

Download The Ethics and Law of Omissions Book in PDF, Epub and Kindle

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.

Omissions

Omissions
Author: Randolph Clarke
Publisher: Oxford University Press, USA
Total Pages: 239
Release: 2014
Genre: Philosophy
ISBN: 0199347522

Download Omissions Book in PDF, Epub and Kindle

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.

Act and Omission in Criminal Law

Act and Omission in Criminal Law
Author: Roni Rosenberg
Publisher: Taylor & Francis
Total Pages: 193
Release: 2024-08-30
Genre: Law
ISBN: 1040115640

Download Act and Omission in Criminal Law Book in PDF, Epub and Kindle

This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions. This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.

Positive Obligations in Criminal Law

Positive Obligations in Criminal Law
Author: Andrew Ashworth
Publisher: A&C Black
Total Pages: 375
Release: 2014-07-18
Genre: Law
ISBN: 1782253424

Download Positive Obligations in Criminal Law Book in PDF, Epub and Kindle

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.

Responsibility and Criminal Liability

Responsibility and Criminal Liability
Author: C.T. Sistare
Publisher: Springer Science & Business Media
Total Pages: 186
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400924402

Download Responsibility and Criminal Liability Book in PDF, Epub and Kindle

autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.

ACT and Omission in Criminal Law

ACT and Omission in Criminal Law
Author: Roni Rosenberg
Publisher: Routledge
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781032461731

Download ACT and Omission in Criminal Law Book in PDF, Epub and Kindle

This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. This book will be of interest to researchers, academics and policy-makers working in Criminal Law, Moral Philosophy and Bioethics.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

Download Model Rules of Professional Conduct Book in PDF, Epub and Kindle

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.

Crime and Punishment

Crime and Punishment
Author: Hyman Gross
Publisher: Oxford University Press
Total Pages: 238
Release: 2012-01-12
Genre: Law
ISBN: 0199644713

Download Crime and Punishment Book in PDF, Epub and Kindle

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Killing and Letting Die

Killing and Letting Die
Author: Bonnie Steinbock
Publisher: Fordham Univ Press
Total Pages: 462
Release: 1994
Genre: Family & Relationships
ISBN: 9780823215621

Download Killing and Letting Die Book in PDF, Epub and Kindle

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg.

Action, Ethics, and Responsibility

Action, Ethics, and Responsibility
Author: Joseph Keim Campbell
Publisher: MIT Press
Total Pages: 317
Release: 2010
Genre: Philosophy
ISBN: 0262014734

Download Action, Ethics, and Responsibility Book in PDF, Epub and Kindle

The contributors include such distinguished authors as Alfred R. Mele, John Martin Fischer, George Sher, and Frances Kamm, as well as important rising scholars. Taken together, the essays in Action, Ethics, and Responsibility offer a breadth of perspectives that is unmatched by other treatments of the topic. --Book Jacket.