Results for 'Liability'

998 found
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  1. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  2. Complicitous Liability in War.Saba Bazargan - 2013 - Philosophical Studies 165 (1):177-195.
    Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...)
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  3. The Liability of Justified Attackers.Uwe Steinhoff - 2016 - Ethical Theory and Moral Practice 19 (4):1016-1030.
    McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...)
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  4.  20
    Partial Liability.Alex Kaiserman - 2017 - Legal Theory 23 (1):1-26.
    In most cases, liability in tort law is all-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory of partial liability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice (...)
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  5. Liability to Defensive Harm.Jonathan Quong - 2012 - Philosophy and Public Affairs 40 (1):45-77.
  6.  80
    Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...)
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  7.  76
    Liability and Just Cause.Thomas Hurka - 2007 - Ethics and International Affairs 21 (2):199-218.
    This paper is a response to Jeff McMahan's "Just Cause for War". It defends a more permissive, and more traditional view of just war liability against McMahan's claims.
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  8.  21
    Civilian Liability.Helen Frowe - 2019 - Ethics 129 (4):625-650.
    Adil Ahmad Haque argues that civilians who contribute to unjust lethal threats in war, but who do not directly participate in the war, are not liable to defensive killing. His argument rests on two central claims: first, that the extent of a person’s liability to defensive harm in virtue of contributing to an unjust threat is limited to the cost that she is initially required to bear in order to avoid contributing, and, second, that civilians need not bear lethal (...)
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  9.  35
    Proportionality, Liability, and Defensive Harm.Jonathan Quong - 2015 - Philosophy and Public Affairs 43 (2):144-173.
  10.  69
    Liability and Risk.David McCarthy - 1996 - Philosophy and Public Affairs 25 (3):238-262.
    Standard theories of liability say that X is liable to Y only if Y was harmed, only if X caused Y harm, and (usually) only if X was at fault. This article offers a series of criticisms of each of these claims, and use them to construct an alternative theory of liability in which the nature of X's having imposed a risk of harm on Y is central to the question of when X is liable to Y, and (...)
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  11. The Basis of Moral Liability to Defensive Killing.Jeff McMahan - 2005 - Philosophical Issues 15 (1):386–405.
    There may be circumstances in which it is morally justifiable intentionally to kill a person who is morally innocent, threatens no one, rationally wishes not to die, and does not consent to be killed. Although the killing would wrong the victim, it might be justified by the necessity of averting some disaster that would otherwise occur. In other instances of permissible killing, however, the justification appeals to more than consequences. It may appeal to the claim that the person to be (...)
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  12.  55
    Responsibility, Liability, and Lethal Autonomous Robots.Heather M. Roff - 2013 - In Fritz Allhoff, Nicholas Evans & Adam Henschke (eds.), Routledge Handbook of Ethics and War: Just War Theory in the 21st Century. Routledge. pp. 352.
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  13. Individual Liability in War: A Response to Fabre, Leveringhaus and Tadros.Jeff Mcmahan - 2012 - Utilitas 24 (2):278-299.
    This article is a response to commentaries on my book, Killing in War, by Cécile Fabre, Alex Leveringhaus and Victor Tadros. It discusses the implications of the approach I have defended for the morality of war for such issues as internecine killing in war, humanitarian intervention and the bases of individual liability to attack in war.
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  14. Strict Liability and the Presumption of Innocence: An Exposé of Functionalist Assumptions.Paul Roberts - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  15. Moral Liability to Defensive Killing and Symmetrical Self-Defense.David R. Mapel - 2010 - Journal of Political Philosophy 18 (2):198-217.
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  16. Strict Liability, Legal Presumptions, and the Presumption of Innocence.R. A. Duff - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 125-49.
  17.  39
    Liability to Deception and Manipulation: The Ethics of Undercover Policing.Christopher Nathan - 2017 - Journal of Applied Philosophy 34 (3):370-388.
    Does undercover police work inevitably wrong its targets? Or are undercover activities justified by a general security benefit? In this article I argue that people can make themselves liable to deception and manipulation. The debate on undercover policing will proceed more fruitfully if the tactic can be conceptualised along those lines, rather than as essentially ‘dirty hands’ activity, in which people are wronged in pursuit of a necessary good, or in instrumentalist terms, according to which the harms of undercover work (...)
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  18. Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.
    In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...)
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  19.  21
    Limited Liability and the Public's Health.Lainie Rutkow & Stephen P. Teret - 2007 - Journal of Law, Medicine and Ethics 35 (4):599-608.
    Corporations, through their products and behaviors, exert a strong effect on the well-being of populations. Industries including frearms, motor vehicles, tobacco, and alcohol produce and market products negatively impact public health. All of these industries are composed of corporations, which are legal fctions designed to provide limited exposure to liability, through a variety of mechanisms, for their investors and directors. This means that when actions are taken on behalf of a corporate entity, the individuals responsible generally will not face (...)
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  20.  44
    Power, Liability, and the Free-Will Defence: Reply to Mawson.Wes Morriston - 2005 - Religious Studies 41 (1):71-80.
    Tim Mawson argues that the ability to choose what one knows to be morally wrong is a power for some persons in some circumstances, but that it would be a mere liability for God. The lynchpin of Mawson 's argument is his claim that a power is an ability that it is good to have. In this rejoinder, I challenge this claim of Mawson 's, arguing that choosing a course of action is always an exercise of power, whether or (...)
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  21.  12
    Just Liability and Reciprocity Reasons for Treating Wounded Soldiers.Michael J. Selgelid - 2008 - American Journal of Bioethics 8 (2):19 – 21.
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  22.  66
    Causal Contributions and Liability.Victor Tadros - 2018 - Ethics 128 (2):402-431.
    This article explores the extent to which the magnitude of harm that a person is liable to suffer to avert a threat depends on the magnitude of her causal contribution to the threat. Several different versions of this view are considered. The conclusions are mostly skeptical—facts that may determine how large of a causal contribution a person makes to a threat are not morally significant, or not sufficiently significant to make an important difference to liability. However, understanding ways in (...)
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  23.  7
    Two grounds of liability.Victor Tadros - forthcoming - Philosophical Studies:1-20.
    This essay argues that culpability and responsibility are independent notions, even though some of the same facts make us both responsible and culpable. Responsibility for one’s conduct is grounded in the strength of the agential connection between oneself and one’s conduct. Culpability for one’s conduct is the vices that give rise to that conduct. It then argues that responsibility and culpability for causing a threat are each grounds of liability to defensive harm independent of the other.
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  24.  13
    Liability for Animals: An Historico-Structural Comparison. [REVIEW]Bernard S. Jackson - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (3):259-289.
    This account of civil liability for animals in a range of ancient, mediaeval and modern legal systems (based on a series of studies conducted early in my career: (s.1)) uses semiotic analysis to supplement the insights of conventional legal history, thus balancing diachronic and synchronic approaches. It reinforces the conventional historical sensitivity to anachronism in two respects: (1) (logical) inference of underlying values from concrete rules (rather than attending to literary features of the text) manifests cognitive anachronism, an issue (...)
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  25.  11
    Liability in the Law of Tort of Research Ethics Committees and Their Members.J. V. McHale - 2005 - Research Ethics 1 (2):53-59.
    The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...)
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  26.  23
    State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights.Regina Valutytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):7-20.
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on well-established (...)
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  27.  9
    Liability and Risk.David Mccarhty - 1996 - Philosophy and Public Affairs 25 (3):238-262.
  28.  77
    Necessity, Moral Liability, and Defensive Harm.Joanna Mary Firth & Jonathan Quong - 2012 - Law and Philosophy 31 (6):673-701.
    A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened (...)
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  29.  47
    Limited Liability and its Moral Hazard Implications: The Systemic Inscription of Instability in Contemporary Capitalism. [REVIEW]Marie-Laure Djelic & Joel Bothello - 2013 - Theory and Society 42 (6):589-615.
  30. Is the Risk–Liability Theory Compatible with Negligence Law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral (...)
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  31.  10
    Tort Liability for Managed Care: The Weakening of ERISA's Protective Shield.Karen A. Jordan - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):160-179.
    The risk of tort liability for health maintenance organizations and other managed care plans has dramatically increased in recent years. This is due in part to the growing percentage of health care rendered through managed care plans. The cost-containment mechanisms commonly used by managed care plans, such as limiting access to services and/or choice of providers, creates a climate ripe for disputes that may end up in court. As dissatisfied patients and providers seek recourse in the courts, tort doctrines (...)
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  32. Liberty, Liability, and Contractualism.Andrew Williams - 2006 - In Nils Holtug & Kasper Lippert-Rasmussen (eds.), Egalitarianism: New Essays on the Nature and Value of Equality. Clarendon Press.
     
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  33.  86
    Guns, Food, and Liability to Attack in War.Cécile Fabre - 2009 - Ethics 120 (1):36-63.
  34.  14
    Limited Liability and the Public's Health.Lainie Rutkow & Stephen P. Teret - 2007 - Journal of Law, Medicine and Ethics 35 (4):599-608.
    Corporations, through their products and behaviors, exert a strong effect on the wellbeing of populations. Public health practitioners and academics have long recognized the harms associated with some corporations’ products. For example, firearms are associated with approximately 30,000 deaths in the United States each year1 and over 200,000 deaths globally. Motor vehicles are associated with about 40,000 deaths in the United States each year and over 1.2 million deaths globally. Tobacco products kill about 438,000 people each year in the United (...)
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  35.  17
    Professional Liability (Malpractice) Coverage of Humanist Scholars Functioning as Clinical Medical Ethicists.Donnie J. Self & Joy D. Skeel - 1988 - Journal of Medical Humanities and Bioethics 9 (2):101-110.
    In contrast to theoretical discussions about potential professional liability of clinical ethicists, this report gives the results of empirical data gathered in a national survey of clinical medical ethicists. The report assesses the types of activities of clinical ethicists, the extent and types of their professional liability coverage, and the influence that concerns about legal liability has on how they function as clinical ethicists. In addition demographic data on age, sex, educational background, etc. are reported. The results (...)
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  36.  7
    Should Liability Play a Role in Social Control of Biobanks?Larry I. Palmer - 2005 - Journal of Law, Medicine and Ethics 33 (1):70-78.
    Repositories of tissues, cell lines, blood samples, and other biological specimens are crucial to genomics, proteomics, and other emerging forms of biomedical research. Creation of these repositories by individual researchers and their affiliated organizations, commercial entities, and even governments has been labeled “biobanking” in the bioethics literature. Biobanking as a metaphor for the collection, transfer, and use of these specimens suggests a framework for the legal response to conflicts that may arise - one embedded in principles of contract law and (...)
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  37. Criminal Liability for Omissions - An Inventory of Issues.Larry Alexander - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  38.  46
    Tort Liability for Breach of Statute: A Natural Rights Perspective. [REVIEW]J. Robert, S. Prichard & Alan Brudner - 1983 - Law and Philosophy 2 (1):89-117.
    This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new (...)
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  39. Liability and Collective Identity: A Response to Walzer.Jeff McMahan - 2006 - Philosophia 34 (1):13-17.
    There is much to admire in Michael Walzer’s discussion of terrorism and just war. I particularly applaud his insistence that liability to attack is a matter of action rather than membership or collective identity. “It is,” he writes, “the extension of violence or the threat..
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  40.  24
    Ambient Intelligence, Criminal Liability and Democracy.Mireille Hildebrandt - 2008 - Criminal Law and Philosophy 2 (2):163-180.
    In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant (...)
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  41.  96
    Liability for Failing to Rescue.TheodoreM Benditt - 1982 - Law and Philosophy 1 (3):391 - 418.
    Should there be civil liability when a person who could easily and without risk rescue another fails to do so? It is argued that the failure to act does not cause the harm that follows, and that the misfeasance/nonfeasance distinction provides no basis for liability. In spite of this, it is maintained that there can sometimes be a duty to rescue, and even a right to be rescued, even in the absence of a voluntary undertaking or an explicit (...)
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  42.  3
    Tort Liability for Managed Care: The Weakening of ERISA's Protective Shield.Karen A. Jordan - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):160-179.
    The risk of tort liability for health maintenance organizations and other managed care plans has dramatically increased in recent years. This is due in part to the growing percentage of health care rendered through managed care plans. The cost-containment mechanisms commonly used by managed care plans, such as limiting access to services and/or choice of providers, creates a climate ripe for disputes that may end up in court. As dissatisfied patients and providers seek recourse in the courts, tort doctrines (...)
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  43.  18
    Liability in the Care of the Elderly.P. Iyer - 2004 - Fichte-Studien 33 (1):124-131.
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  44.  49
    Intelligent Agents and Liability: Is It a Doctrinal Problem or Merely a Problem of Explanation? [REVIEW]Emad Abdel Rahim Dahiyat - 2010 - Artificial Intelligence and Law 18 (1):103-121.
    The question of liability in the case of using intelligent agents is far from simple, and cannot sufficiently be answered by deeming the human user as being automatically responsible for all actions and mistakes of his agent. Therefore, this paper is specifically concerned with the significant difficulties which might arise in this regard especially if the technology behind software agents evolves, or is commonly used on a larger scale. Furthermore, this paper contemplates whether or not it is possible to (...)
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  45.  26
    Unlimited Liability and the Military Covenant.Patrick Mileham - 2010 - Journal of Military Ethics 9 (1):23-40.
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  46.  19
    Should Liability Play a Role in Social Control of Biobanks?Lamy I. Palmer - 2005 - Journal of Law, Medicine and Ethics 33 (1):70-78.
  47.  6
    Liability Insurance, Moral Luck, and Auto Accidents.Tom Baker - 2008 - Theoretical Inquiries in Law 9 (1):165-184.
    Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck is present in the hypotheticals because two equally careless drivers are assessed differently because only one of them caused an accident. This Article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the Article (...)
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  48.  16
    Is Strict Criminal Liability in the Grading of Offences Consistent with Retributive Desert?Kenneth W. Simons - 2012 - Oxford Journal of Legal Studies 32 (3):445-466.
    Notwithstanding the demands of retributive desert, strict criminal liability is sometimes defensible when the strict liability pertains, not to whether conduct is to be criminalized at all, but to the seriousness of the actor’s crime. Suppose an actor commits an intentional assault or rape, and accidentally brings about a death. Punishing the actor more seriously because the death resulted is sometimes justifiable, even absent proof of his independent culpability as to the death. But what punishment is proportionate for (...)
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  49.  53
    Liability in the Care of the Elderly.P. Iyer - 2004 - The Owl of Minerva 33 (1):124-131.
    Bruno Bauer’s response to Max Stirner’s Der Einzige und sein Eigentum is here examined closely, for the first time. In working out their concepts of freedom and self-determination, the Hegelian Left stressed different elements in the synthesis which Hegel himself had effected. Options appear that can be described as generally Fichtean or Spinozistic; each has distinct political and ethical implications. Bauer’s claim is that Stirner “Unique One” is to be understood as a version of Spinozist substance, which fails to rise (...)
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  50.  6
    Should Liability Play a Role in Social Control of Biobanks?Lamy I. Palmer - 2005 - Journal of Law, Medicine and Ethics 33 (1):70-78.
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