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Borderlines in Private Law

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Rights, Wrongs and Responsibilities

Edited by: Matthew H. Kramer

ISBN13: 9780333963296
ISBN: 0333963296
Published: October 2001
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: Out of print



In this wide-ranging investigation of many prominent issues in legal and political philosophy, eight distinguished philosophers and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) discuss issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationality, the role of public policy considerations in legal reasoning, the fundamental characteristics of legal and moral entitlements, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes. Together, the essays shed philosophical light on public law, criminal law, and most areas of private law as they explore the bearings of the three key concepts in the volume's title.

Contents:
Notes on the Contributors - Preface - Introduction; M.H.Kramer - Hohfeldian Rights and Public Law: N.Bamforth - Getting Rights Right; M.H.Kramer - On Criminal Attempts; W.J.Waluchow - Attempts, Impossibility, and Intention; R.A.Duff - Property and Justice; C.Rotheram - Prima-Facie Rights, Rationality, and the Law of Negligence; R.Mullender - Non-compensatable Wrongs, or Having to Way You're Sorry; S.Marshall - Choice and Circumstance; H.Steiner - Index