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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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Responsibility I: Basic Responsibility

Responsibility I: Basic Responsibility

Chapter:
(p.63) 3 Responsibility I: Basic Responsibility
Source:
Philosophy of Private Law
Author(s):

WILLIAM LUCY

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198700685.003.0003

This chapter discusses the basic responsibility requirement. It identifies three related claims about what basic responsibility requires of those in the frame for liability in private law. They are that those in the frame for liability (i) must either be aware of their conduct, or have had the capacity to be aware of it; (ii) that some aspect of their conduct must be ‘theirs’ in the sense that they did it and had reason to do it; and (iii) they must usually either be aware of, or be capable of being aware of, some of the circumstances or outcomes of that conduct.

Keywords:   basic responsibility requirement, private law, liability, awareness

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