Equality, Responsibility, and the LawCambridge University Press, 1998 M10 28 This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. |
Contenido
| 1 | |
Corrective Justice and Spontaneous Order | 24 |
A Fair Division of Risks | 48 |
Foresight and Responsibility | 94 |
Punishment and the TortCrime Distinction | 133 |
Mistakes | 172 |
Recklessness and Attempts | 218 |
Beyond Corrective and Retributive Justice? Marx and Pashukanis on the Narrow Horizons of Bourgeois Right | 246 |
Reciprocity and Responsibility in Distributive Justice | 264 |
| 297 | |
Términos y frases comunes
action activities agency agent another's Antony Duff attempt bear the costs behavior beliefs boundaries Cambridge causation cause chance Chapter choices circumstances claim committed completed crimes conception consent consequences corrective justice criminal law culpability danger deed defense depends deterrence distinction distributive justice duty equality example excused explain fail fair terms force foreseeable foresight G. A. Cohen H. L. A. Hart important injury intentional Joel Feinberg justified Law Review law's libertarian liberty and security losses luck misfortunes mistakes of fact mistakes of law moral negligence one's outcome particular parties Pashukanis Pashukanis's plaintiff principle problem punishment punitive damages questions reasonable person reasonableness tests reckless relevant requires responsibility result risk ownership security interests self-defense sense someone sponsibility standard strict liability subjectivist suppose terms of interaction theory things thought tion Tony Honoré tort law tort liability treated University Press unreasonable victim victim's rights wrong wrongdoer wrongdoing