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 Hysteroscopy by C.T. Sistare
Cover of the book Autonomy and the Self by C.T. Sistare
Cover of the book Pancreatic Tumors in Children by C.T. Sistare
Cover of the book Data-Driven Modeling: Using MATLAB® in Water Resources and Environmental Engineering by C.T. Sistare
Cover of the book Creativity and Innovation: towards a European Network by C.T. Sistare
Cover of the book English as an International Language in Asia: Implications for Language Education by C.T. Sistare
Cover of the book Fundamentals of Legal Argumentation by C.T. Sistare
Cover of the book Earth Sciences in the Age of the Satellite by C.T. Sistare
Cover of the book Physiology of the Fetal and Neonatal Lung by C.T. Sistare
Cover of the book Arrhythmias and Sudden Death in Athletes by C.T. Sistare
Cover of the book Molecular Sieves by C.T. Sistare
Cover of the book Geographies of Knowledge and Power by C.T. Sistare
Cover of the book Approaches to Legal Ontologies by C.T. Sistare
Cover of the book The Material Realization of Science by C.T. Sistare
Cover of the book Sociobiology and Epistemology 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