Moral Responsibility and Legal Liability

Dissertation, Emory University (1983)

Christine Sistare
Muhlenberg College
The problem dealt with in this dissertation is the relation of responsibility to the criminal law of a liberal society. The primary aim of the work is the development of a theory of responsibility consonant with ordinary moral conceptions and the elucidation of the relation between such a theory and standards of liability as appropriate to a liberal society. ;The essay begins with the conception of criminal law as a social institution, i.e., as a purposeful human enterprise meaningful and fully comprehensible only in the context of social aims and values. Given this conception, I argue that the criminal law of a liberal society has a two-fold aim: it must ensure crime control and deal justly with each individual. This two-fold aim serves the ultimate, integrated goal of providing for personal freedom within a stable social order. ;The complex task of the criminal law in such a society requires careful consideration of and respect for individual responsibility. The body of the dissertation centers on the design of an integrated theory of responsibility and liability suited to the role of the law, with emphasis placed on development of a comprehensive model of responsibility. Particular attention is given to the superiority, from both moral and legal perspectives, of a model which focuses on the agent's capacity to conform to law, where 'capacity' is broadly understood as comprising faculties, abilities, and opportunities. The comprehensive theory of responsibility and the integrated theory of responsibility and liability are explicated through analysis and evaluation of central responsibility-conditions and related legal issues. The essay is, thus, both analytic and normative in substance and approach
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 40,686
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Legal and Moral Responsibility.Antony Duff - 2009 - Philosophy Compass 4 (6):978-986.
A Critique of Social Products Liability.Gordon G. Sollars - 2003 - Business Ethics Quarterly 13 (3):381-390.
On Blaming and Punishing Psychopaths.Marion Godman & Anneli Jefferson - 2017 - Criminal Law and Philosophy 11 (1):127-142.
Iv-Answering for Crime.R. A. Duff - 2006 - Proceedings of the Aristotelian Society 106 (1):87-113.
Polishing Up the Pinto.John R. Danley - 2005 - Business Ethics Quarterly 15 (2):205-236.
Towards a Theory of Moral Responsibility.Randall Rex Curren - 1985 - Dissertation, University of Pittsburgh
The Moral Responsibility of the Hospital.Richard T. De George - 1982 - Journal of Medicine and Philosophy 7 (1):87-100.
Responsibility.Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) - 1999 - Cambridge University Press.


Added to PP index

Total views

Recent downloads (6 months)

How can I increase my downloads?


Sorry, there are not enough data points to plot this chart.

My notes

Sign in to use this feature