Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author(s): Tony Honoré
Publisher: Hart Publishing
Year: 1999
Language: English
Pages: 172
City: Oxford; Portland, Oregon
Copyright
Contents
1. Introduction
CAUSATION
RESPONSIBILITY
2. Responsibility and Luck: The Moral Basis of Strict Liability
NEGLIGENCE: THE OBJECTIVE STANDARD OF COMPETENCE
RESPONSIBILITY FOR OUTCOMES AND STRICT LIABILITY
CAPACITY AND FREEDOM
CONCLUSION
3. Are Omissions Less Culpable?
INTRODUCTION
POSITIVE ACTS, NOT-DOINGS, OMISSIONS
OMISSIONS AND DISTINCT DUTIES
RELATIVE CULPABILITY
4. The Morality of Tort Law: Questions and Answers
THE QUESTIONS POSED
THE QUESTIONS ANSWERED
THE ANSWERS SUMMARIZED
5. Necessary and Sufficient Conditions in Tort Law
THE CAUSATION STORY: MODERN EFFORTS TO UNRAVEL ITS MYSTERIES
COMMON ELEMENTS IN THE NESS AND BUT-FOR THEORIES
NESS VERSUS BUT-FOR: DIFFERENCES IN THE THEORIES
CONCLUSION
6. Being Responsible and Being a Victim of Circumstance
RESPONSIBILITY
DETERMINISM AND FREEDOM
VICTIMS OF CIRCUMSTANCE
7. Appendix: Can and Can't
CONCLUSIONS
Index
