Equality, Responsibility, and the Law

ISBN-13: 9780521003070 / Angielski / Miękka / 2001 / 320 str.

Arthur Ripstein; Arthyr Ripstein; Gerald Postema

Opis

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. 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.

Recenzje

'Sketching the raw materials of Ripstein's argument cannot do justice to the detail and thoroughness of his treatment of tort and criminal law doctrine. He seeks to demonstrate the various ways in which doctrine incorporates and responds to the related notions of fair terms of interaction and the unreasonable imposition of risk. This close engagement with doctrine sets the book apart from much philosophical work in this area and illustrates the value of work that is both legally and philosophically agreed. Only the most intellectually incurious could read it without profit.' The Modern Law Review

Spis treści

1. Equality, luck and responsibility; 2. Corrective justice and spontaneous order; 3. A fair division of risks; 4. Foresight and responsibility; 5. Punishment and the tort/crime distinction; 6. Mistakes; 7. Recklessness and attempts; 8. Beyond corrective and retributive justice? Marx and Pashukanis on the 'narrow horizons on Bourgeois right'; 9. Reciprocity and responsibility in distributive justice.