Responsibility and fault / Tony Honoré.

Format:

Book

Author/Creator:

Honoré, Tony, 1921-2019, author.

Language:

English

Subjects (All):

Liability (Law).

Strict liability.

Torts.

Physical Description:

1 online resource (172 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, OR : Hart Publishing, 1999.

Language Note:

English

Summary:

"These highly original essays develop themes implicit in Herbert Hart and the author's 'Causation in the Law', 2nd ed. 1985;. Why should we be held responsible for the harm we cause? Honoré proposes a theory of responsibility, 'outcome responsibility', according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility."--Bloomsbury Publishing.

Contents:

1. Introduction

2. Responsibility and Luck. The Moral Basis of Strict Liability

3. Are Omissions less Culpable?

4. The Morality of Tort Law Questions and Answers

5. Necessary and Sufficient Conditions in Tort Law

6. Being Responsible and Being a Victim of Circumstance

7. APPENDIX: Can and Can't.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786610801169

9781472561954

1472561953

9781280801167

1280801166

9781847312310

1847312314

OCLC:

476036904