The Library
Duty and liability
Tools
Tadros, Victor (2011) Duty and liability. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2011/10).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=1949030
Abstract
This paper is concerned with the relationship between a person’s duty to perform a goal at some cost to herself and a person’s liability to be harmed in pursuit of that goal. This relationship, it is suggested, is fundamental. In order to determine whether a person is liable to be harmed as a means to a certain end, it is suggested, that person must have an enforceable duty to serve that end. This account of liability is contrasted with Jeff McMahan’s view in Killing in War. McMahan suggests that a person is liable to be harmed to avert a threat only if that person is responsible for creating the threat. By showing that there are enforceable duties that do not arise from responsibility, it is shown that this account of liability is too limited. The implications of the duty-based view of liability are then explored in the context of war, especially with respect to the harming of innocent civilians on the unjust side who have unknowingly contributed to the war-effort.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
---|---|---|---|---|---|
Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 25 October 2011 | ||||
Dates: |
|
||||
Number: | Number 2011/10 | ||||
Number of Pages: | 23 | ||||
Institution: | University of Warwick | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |