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Philosophy of Private Law$
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William Lucy

Print publication date: 2006

Print ISBN-13: 9780198700685

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198700685.001.0001

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Legal Liability-Responsibility

Legal Liability-Responsibility

(p.47) 2 Legal Liability-Responsibility
Philosophy of Private Law


Oxford University Press

This chapter discusses the concept of legal liability-responsibility. Legal liability-responsibility refers to all the general components usually necessary to incur legal blame and, in private law, to be compelled to comply with a court order to pay damages or otherwise remedy the harm done. There are other kinds of liability-responsibility, the most significant being ‘moral liability-responsibility’. This lays down the requirements for legitimately praising and blaming those whose conduct is either morally wrong or morally commendable. Both moral and legal liability-responsibility have a similar function, namely, attributing conduct and its outcomes to agents. However, whereas legal liability-responsibility usually concerns itself only with the attribution of conduct and outcomes that are baleful, moral liability-responsibility deals with both good and bad conduct and its outcomes.

Keywords:   legal liability-responsibility, moral liability-responsibility, private law, legal blame

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