Tài liệu RESPONSIBILITY AND PUNISHMENT THIRD EDITION doc

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Tài liệu RESPONSIBILITY AND PUNISHMENT THIRD EDITION doc

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[...]... responsible for anything.20 15 Feinberg, Doing and Deserving, p 136 Hart refers to this use of responsibility as “liability responsibility (See Hart, Punishment and Responsibility, Chapter 9) 17 Feinberg, Doing and Deserving, pp 136-39 18 For an alternative categorization of responsibility types, see Baier, “Guilt and Responsibility. ” 19 Joel Feinberg, Responsibility for the Future,” Philosophy Research... Feinberg, “The Moral and Legal Responsibility of the Bad Samaritan,” Criminal Justice Ethics, 3 (1984), pp 56-69; John Kleinig, “Good Samaritanism,” Philosophy and Public Affairs, 5 (1976), pp 382-407 23 Cane, Responsibility in Law and Morality, pp 12-6 24 Cane, Responsibility in Law and Morality, p 16 25 Cane, Responsibility in Law and Morality, p 21 THE PROBLEM OF RESPONSIBILITY 19 punishment would... between law and morality is “symbiotic,” and that just as moral responsibility theory can and does inform us of the way legal responsibility ought to be articulated and conceptualized, so too can conceptions of legal responsibility serve as a rich reservoir of clarity concerning conceptions of moral responsibility, objectively construed.23 After all, “…when courts develop rules and principles about responsibility, ... proportionality between criminal harms to others and punishments Instead, my theory of punishment, not unlike Kant’s, holds to an approximate proportionality concerning punishment But principles to guide proportional punishment are needed, and I provide and explore the plausibility of a number of such candidate principles A handful of such principles are articulated, discussed and some are accepted as being worthy... 1983); R Jay Wallace, Responsibility and the Moral Sentiments (Cambridge: Harvard University Press, 1996) Van Inwagen, An Essay on Free Will See Fischer and Ravizza, Responsibility and Control; and The Journal of Ethics, 6 (2002), pp 199-303 Fischer’s replies to some concerns expressed about his analysis in Responsibility and Control are found in John Martin Fischer, Responsibility and Manipulation,”... the concept of responsibility just is part of the heart of her theory of punishment in that responsibility factors determine precisely the extent to which a criminal deserves punishment But what is punishment, and what are the various theories of punishment? What is the most plausible theory of punishment, all things considered? And how ought criminals to be punished? I now turn to these and related questions... collective moral and legal responsibility theories is itself a contribution to moral responsibility theory and to punishment theory in general If so, I gladly accept my making this contribution both here and elsewhere However, my claim is simply that I do not intend to make a contribution to (individual) moral responsibility theory or to punishment theory at the level of specific argumentation and analysis... a theory of responsibility serves the function of grounding a theory of punishment s justification Third, it is desired that a theory of responsibility distinguish between the different uses and senses of responsibility in order not to conflate such uses and senses It is crucial to keep in mind that it is a specific but complex kind of responsibility that is the foundation of justified punishment. .. morality and the law conflict.10 THE USES AND CONTEXTS OF RESPONSIBILITY What are the different uses of responsibility, ” and what are the contexts of responsibility? Black’s Law Dictionary11 defines responsibility as “liability…a person’s mental fitness to answer in court for his or her actions…” and “liability” as “The quality or state of being legally obligated or accountable; legal responsibility. .. the institution of punishment and the justification of particular forms of punishment Under this twofold distinction of questions concerning punishment fall a number of other important queries, such as “What is the nature of punishment? ” “What is the function of punishment? ” “What is the legal justification of punishment? ” “What is the moral justification of punishment? ” “How ought punishments to be .

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