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FEINBERG AND THE FAILURE TO ACT

Published online by Cambridge University Press:  15 December 2005

Patricia Smith
Patricia Smith
Affiliation:
City University of New York
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Extract

In Chapter 4 of his famous work, Harm to Others, Joel Feinberg, with characteristic clarity and insight, outlined the major problems associated with analyzing the foundations of responsibility for the failure to act. In that chapter he made a number of controversial claims supported by arguments that have generated debate ever since he made them in 1984. His analysis led him to conclude that liability (or responsibility) for the failure to act falls within the moral limits of the criminal law in cases in which a random bystander could easily rescue a seriously imperiled stranger.

Type
ARTICLES
Information
Legal Theory , Volume 11 , Issue 3 , September 2005 , pp. 237 - 250
Copyright
© 2005 Cambridge University Press

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