Responsibility, Restoration and Fault

Tort / Personal Injury

Responsibility, Restoration and Fault

By Benedict Winiger
Intersentia Publishers January 2018

Specifications

ISBN-13
9781780684765
Publisher
Intersentia Publishers
Publication
January 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Responsibility, Restoration and Fault suggests how we could measure responsible behaviour. What criteria do our actions have to abide by to protect individuals and society? This is particularly relevant in a period where modern technology has not only multiplied the risks and degree of damage, but also created long causal chains that often make it difficult to see a connection between action and damage, and when the damaging effects on individuals or society only emerge decades later.

The author argues that a person’s behaviour is responsible if the following criteria are fulfilled simultaneously: (i) the person, whose behaviour could cause damage, would be able to restore the victim, (ii) the person, whose behaviour causes actual damage, restores the victim (both, criteria of restoration) and (iii) the person is not at fault when determining and executing an act (criteria of fault).

With its historical and legal philosophical perspective Responsibility, Restoration and Fault is a must read for every lawyer.

Table of Contents

Introduction

Part I. Historical Analyses
Chapter 1. Laws of Mesopotamia and Asia Minor
Chapter 2. Greek Approaches
Chapter 3. Roman Approaches

Part II. A Contemporary Theory of Responsibility
Chapter 4. The Structures of Responsibility
Chapter 5. Criteria of Responsibility: Two Theses
Chapter 6. Application of the Two Thesis
Chapter 7. General Evaluation
Chapter 8. Excursus: Artificial Intelligence

Bibliography
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