Responsibility and Criminal Liability

Nonfiction, Religion & Spirituality, Philosophy, Reference, Reference & Language, Law, Criminal law
Cover of the book Responsibility and Criminal Liability by C.T. Sistare, Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: C.T. Sistare ISBN: 9789400924406
Publisher: Springer Netherlands Publication: December 6, 2012
Imprint: Springer Language: English
Author: C.T. Sistare
ISBN: 9789400924406
Publisher: Springer Netherlands
Publication: December 6, 2012
Imprint: Springer
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Springer Netherlands

Cover of the book Cleanrooms by C.T. Sistare
Cover of the book Systems Biology in Cancer Research and Drug Discovery by C.T. Sistare
Cover of the book Soil~Plant Relationships by C.T. Sistare
Cover of the book Inquiry, Forms, and Substances by C.T. Sistare
Cover of the book Polish Immigrants in Britain by C.T. Sistare
Cover of the book Low-Dimensional Functional Materials by C.T. Sistare
Cover of the book Mathematicians as Enquirers by C.T. Sistare
Cover of the book Social Perspectives on the Sanitation Challenge by C.T. Sistare
Cover of the book Optical-Thermal Response of Laser-Irradiated Tissue by C.T. Sistare
Cover of the book Carbon Bonding and Structures by C.T. Sistare
Cover of the book Metaphor and Analogy in the Sciences by C.T. Sistare
Cover of the book Implications of Climate Change and Disasters on Military Activities by C.T. Sistare
Cover of the book Schott Guide to Glass by C.T. Sistare
Cover of the book From Protein Structure to Function with Bioinformatics by C.T. Sistare
Cover of the book Cases of Assessment in Mathematics Education by C.T. Sistare
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy