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The Ethics and Law of Omissions

The Ethics and Law of Omissions
Author: Dana Kay Nelkin
Publisher: Oxford University Press
Total Pages: 265
Release: 2017-10-05
Genre: Philosophy
ISBN: 0190683473

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This edited volume of new essays explores the principles that govern moral responsibility and legal liability for omissive conduct--behavior that did not occur. Many contributors here try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, contributors also consider various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good. Included with the essays is an introduction to the topic by the volume editors. The book will be of interest to moral philosophers, philosophers of law, and other legal scholars.


The New York Supplement

The New York Supplement
Author:
Publisher:
Total Pages: 1304
Release: 1909
Genre: Law reports, digests, etc
ISBN:

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"Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies)


Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

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A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.


Act and Omission in Criminal Law

Act and Omission in Criminal Law
Author: Roni Rosenberg
Publisher: Taylor & Francis
Total Pages: 193
Release: 2024-08-30
Genre: Law
ISBN: 1040115640

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This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions. This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.


The Federal Reporter

The Federal Reporter
Author:
Publisher:
Total Pages: 1942
Release: 1886
Genre: Law reports, digests, etc
ISBN:

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The Law Times

The Law Times
Author:
Publisher:
Total Pages: 602
Release: 1907
Genre: Law reviews
ISBN:

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Acts of Omission

Acts of Omission
Author: James S. Bostwick
Publisher: Post Hill Press
Total Pages: 407
Release: 2019-05-28
Genre: Fiction
ISBN: 1642932620

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Down on his luck after a string of lost cases and a recent divorce, personal injury lawyer Matt Taylor hopes his next trial will be an easy win. But when he meets a devastatingly injured young man desperate for help, Matt finds himself embroiled in an impossible lawsuit against Salvatore Conte, a powerful lawyer with sinister connections. Despite all warnings, Matt courageously pulls out all the stops to uncover the truth and right a horrific legal wrong. What follows is an epic multi-million-dollar battle of wills, intrigue, and outright violence that could cost Matt everything he cares about—his career, his family, his heart….and his life. “This is more than a good read; it is a masterpiece of courtroom drama, life of a trial lawyer, intrigue, intricate relationships, love, and one man’s perseverance for justice. Bostwick nailed it!” —William Whitehurst, Past President of The International Academy of Trial Lawyers, The Texas Trial Lawyers and the Texas Bar Association


The Ashgate Research Companion to International Criminal Law

The Ashgate Research Companion to International Criminal Law
Author: Yvonne McDermott
Publisher: Routledge
Total Pages: 601
Release: 2016-03-23
Genre: Law
ISBN: 1317043154

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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.


Department of Health and Human Services

Department of Health and Human Services
Author: United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies
Publisher:
Total Pages: 956
Release: 1981
Genre: United States
ISBN:

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Lies of Omission

Lies of Omission
Author: Catherine DeSoto
Publisher: Simon and Schuster
Total Pages: 269
Release: 2022-09-20
Genre: Psychology
ISBN: 1510772294

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A lie of omission—withholding needed information to correct a false belief. There is a sharp and more hostile divide emerging in the United States. The shift is documented by various polls, and the speed of the change is alarming. There are certainly contributing factors, but one factor is unique to the contemporary era: receiving the majority of our information via social media experiences. Media algorithms, and to some extent overt censorship, serve users curated content that is unlike what their neighbors receive. Lies of Omission brings together various perspectives on the causes and effects of the divided information streams. Psychology and neuroscience, combined with some historical jurisprudence, are woven together to spell out the dangers of the modern social media experience. Importantly, the human response can be understood as rooted in our psychology and neurochemistry. In part two of the book, eight hot button issues that have provoked deep divisions among American citizens are presented as well-researched, opposing-view chapters with a goal to lay bare the extent of the disinformation gap that we are living in. With the rise of ephemeral smart media, and the associated displacement of the permanently printed word, it is rare to have a clear idea of what persons who do not share our opinions actually believe, or why. The decimation of communal information sources is nearly complete. What can one do? One concrete step is to turn some of your attention away from curated, impermanent news and read a book. Read this book. Dr. Catherine DeSoto spells out why it is worth our time to be informed regarding the issues we care about: something your phone’s curated media will never do for you. Open your mind to the quaint idea that one is not informed unless one understands the opposing view. Surprising all-new research regarding the political divide and the pandemic is included. Together with over 150 references, this book will be the definitive source documenting the effects of the media algorithm revolution.