221 results on '"CRIMINAL omission"'
Search Results
2. CRIMES OMISSIONS: A PSYCHOSOCIOLOGICAL PERSPECTIVE.
- Author
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Kitoshvili, Nino and Dadeshkeliani, Beka
- Subjects
CRIMINAL omission ,ACCESS to information ,ACTIVISM ,SOCIOCULTURAL factors - Abstract
This research was based on understanding and managing crimes of omission is a key strategy for reducing their harmful effects. The research aim was to analyze the personal and social characteristics of individuals responsible for crimes committed by inaction in Georgia. The study employed a mixed-methods approach to explore the psycho-sociological foundations of inaction and was conducted in two stages. The first stage discussed the theoretical framework surrounding inaction, while the second stage analyzed cases of inaction in Georgia. During the research process, significant gaps in public data were identified, highlighting the challenges of recording and accessing information about these crimes. Despite these challenges, a strong theoretical and empirical connection was identified between crimes of omission and the broader context of cultural and social passivity in developing post-Soviet Georgian society. This connection underscores the significant impact of the post-Soviet legacy in understanding the legal and psychosocial context of crimes of omission. As a result, to reduce crimes of omission and increase public involvement, the study suggests improving the judicial system, promoting legal knowledge, and encouraging civic activism and initiative within society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. Tun oder Unterlassen als Kriterien für eine Anklage.
- Author
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Huber, Gerhard W. and Dietrich, Jakob
- Subjects
- *
BEHAVIORAL assessment , *PUBLIC health laws , *CRIMINAL investigation , *CRIMINAL law , *ACTIONS & defenses (Law) , *HEALTH facilities , *CRIMINAL omission , *PHYSICIANS , *NURSING care facilities , *PROSECUTION - Abstract
The article "Doing or Omitting as Criteria for Prosecution" discusses the legal assessment of actions and omissions in the medical field. It emphasizes that the legal evaluation of the behavior of doctors and nursing staff depends on whether it is interpreted as active action or as omission. Active action is generally considered more punishable in criminal law than inaction. In cases of ambiguous behavior, the aspect of omission is often relied upon when the perpetrator cannot be punished due to their actions. The article emphasizes the importance of this distinction for the defense of medical and nursing personnel in alleged treatment or care errors. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
4. Against the Worse Than Nothing Account of Harm: A Reply to Immerman.
- Author
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Johansson, Jens and Risberg, Olle
- Subjects
- *
HARM (Ethics) , *COUNTERFACTUALS (Logic) , *CRIMINAL omission - Abstract
The counterfactual comparative account of harm (CCA) faces well-known problems concerning preemption and omission. In a recent article in this journal, Daniel Immerman proposes a novel variant of CCA, which he calls the worse than nothing account (WTNA). According to Immerman, WTNA nicely handles the preemption and omission problems. We seek to show, however, that WTNA is not an acceptable account of harm. In particular, while WTNA deals better than CCA with some cases that involve preemption and omission, it has implausible implications in other similar cases – cases that, moreover, pose no problems for CCA. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Policing the Gaps: Legitimacy, Special Obligations, and Omissions in Law Enforcement.
- Author
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Hadjimatheou, Katerina and Nathan, Christopher
- Subjects
POLICE ethics ,CRIMINAL omission ,LAW enforcement ,ILLEGITIMACY ,POLICE accountability - Abstract
The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
6. Larry Alexander and Kimberly Kessler Ferzan on Omissions and Normative Ignorance: A Critical Reply.
- Author
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Husak, Douglas
- Subjects
CRIMINAL omission ,IGNORANCE (Law) ,CAUSATION (Philosophy) - Abstract
Reflections on Crime and Culpability seeks to elaborate, extend, and occasionally qualify the insights reached by Larry Alexander and Kim Ferzan in their influential prior collaboration, Crime and Culpability. They deftly explore any number of new issue that all criminal theorists should be encouraged to address. In my essay, I discuss and challenge their positions on omissions as well as on moral ignorance. Their treatment of the latter issue is a clear improvement over that in their earlier book. But their views on omissions suggest to me that they should have had reservations about some of the most fundamental claims of their overarching theory. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
7. Introduction to Tort Law.
- Author
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Kuersten, Andreas
- Subjects
TORT theory ,CONCEPTS ,CRIMINAL omission ,NEGLIGENCE ,CRIMINAL negligence ,STRICT liability ,INTENTIONAL torts - Abstract
The article focuses on providing an introduction to tort law, discussing its principles, purposes, and key concepts. It explains that tort law involves acts or omissions that cause harm and covers topics such as negligence, strict liability, intentional torts, and tort remedies. It also highlights the considerations for Congress when dealing with tort law, including federalism principles and constitutional constraints.
- Published
- 2023
8. Procesos cognitivos y toma de decisiones en tripulaciones de carro de combate Leopardo 2E.
- Author
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L., Escuredo-Jiménez
- Subjects
- *
DECISION making , *RESPONSE inhibition , *COGNITIVE flexibility , *NATURE , *TANK crews , *MEASUREMENT errors , *MILITARY personnel , *CRIMINAL omission , *RISK assessment , *NEUROBEHAVIORAL disorders - Abstract
Decision making in extreme situations is a superior executive process involving many factors, impulse control, risk assessment and cognitive flexibility to shift attention to different aspects of a stimulus. Most studies of decision making in extreme situations are based on observing how experts perform various tasks in a natural environment in real time. In combat situations, crews from armored units carry out decision-making under complex conditions and high levels of stress. The objective of this work is to evaluate the variables that make up these superior executive processes to obtain a clear description of the expert profile required for combat tank crew positions and thus, to design training programs that improve these capabilities. Method: a study was carried out with a group of crews (n=23) and a control group (n=26). Each of them performed three neurocognitive computer tasks that assessed impulsivity, flexibility and risk assessment (Go/noGo, Iowa test and Switch task). Results: significant differences are shown in the measurement of omission errors in these trials (t=5.795; p<0.020). In the rest of measures, no differences were found between the two groups. Conclusions: according to these results, the Leopard 2E crew show more errors of omission, which seems to be related to a greater inhibitory control of their attack responses. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
9. The Worse than Nothing Account of Harm and the Preemption Problem.
- Author
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Immerman, Daniel
- Subjects
- *
PREEMPTIVE attack (Military science) , *ETHICS , *COUNTERFACTUALS (Logic) , *CRIMINAL omission , *HARM (Ethics) - Abstract
Because harm is an important notion in ethics, it's worth investigating what it amounts to. The counterfactual comparative account of harm, commonly thought to be the most promising account of harm, analyzes harm by comparing what actually happened with what would have happened in some counterfactual situation. But it faces the preemption problem, a problem so serious that it has driven some to suggest we abandon the counterfactual comparative account and maybe even abandon the notion of harm altogether. This paper defends a version of the counterfactual comparative account that solves the preemption problem, a version called the "worse than nothing account." It says that you harm someone just in case you leave them worse off than if you'd done nothing at all. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
10. "You Know You've Gotta Help Me Out . . .".
- Author
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Gray, David
- Subjects
CRIMINAL act ,CRIMINAL omission ,CRIMINAL law ,CRIMINAL liability ,JUDICIAL error ,PUNISHMENT ,COMMON law - Abstract
The actus reus requirement is central to the criminal law. We only punish people for what they do. We do not punish evil thoughts. Neither do we punish people for what they do not do because not acting is, well, not acting. We punish acts but not omissions. Except when we do. We willingly punish not actions that are not performed (or should that be "actions that are not performed," or, perhaps, "not actions that are performed,"--oh my, this is confusing!) by persons laboring under legal duties of various kinds. But why? Are these sotto voce admissions that the act-omission distinction is mere fiction? Or does legal duty, by some miracle of moral alchemy, make something out of nothing? The traditional answer, it seems, is to tuck the whole thing away in a box marked "Pandora." Best not to open it. Do nothing (but isn't that an . . . oh dear). It is time to face the music. The act-omission distinction is grounded in nothing more than a conventional semantic preference. All "acts" can be described accurately and completely as "omissions," and vice-versa. Don't believe me? Check-out Part II. Semantic conventions cannot support a general prohibition on punishing omissions. Just as some "acts" merit criminal punishment and some do not, so, too, "omissions." Drawing these distinctions is a familiar task. When it comes to determining criminal responsibility for "acts," we usually focus on considerations of actus reus, mens rea, and cause. These same tools work perfectly well when determining criminal responsibility for "omissions." No ontological fictions necessary. But the process reveals something interesting. It turns out that cases involving "omissions" often present practical challenges for proving mens rea with respect to both acts and results. One way to overcome these challenges is by appeal to, wait for it . . . legal duties, which impose upon agents epistemic duties and provide juries with grounds for presuming knowledge. This insight not only solves persistent conceptual problems with common law treatments of omissions liability, it also reveals interesting and reassuring internal connections to other areas of the criminal law, including strict liability. [ABSTRACT FROM AUTHOR]
- Published
- 2022
11. Bystander Omissions and Accountability for Testimonial Injustice.
- Author
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Lee, J. Y.
- Subjects
- *
CRIMINAL omission , *RESPONSIBILITY , *JUSTICE , *EPISTEMICS - Abstract
Literature on testimonial injustice and ways that perpetrators might combat it have flourished since Miranda Fricker's ground-breaking work on testimonial injustice. Less attention has been given, however, to the role of bystanders. In this paper, I examine the accountability that bystanders may have for their omissions to redress testimonial injustice. I argue that bystander accountability applies in cases where it is opportune for bystanders to intervene, and if they are also sufficiently equipped and able to redress the testimonial injustice. Moreover, I recommend that we move beyond virtue responsibilism for ameliorative thinking about testimonial injustice. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
12. An ability-based theory of responsibility for collective omissions.
- Author
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Metz, Joseph
- Subjects
- *
RESPONSIBILITY , *CLIMATE change , *APPLIED ethics , *CONDUCT of life , *CRIMINAL omission - Abstract
Many important harms result in large part from our collective omissions, such as harms from our omissions to stop climate change and famines. Accounting for responsibility for collective omissions turns out to be particularly challenging. It is hard to see how an individual contributes anything to a collective omission to prevent harm if she couldn't have made a difference to that harm on her own. Some groups are able to prevent such harms, but it is highly contentious whether groups can be loci of responsibility. This paper takes an existing and plausible framework of moral responsibility—one based on abilities—and scales it up to accommodate responsibility for collective omissions. This centrally involves identifying what the relevant collective abilities are and how they work. One significant benefit of this approach is that we can do this while remaining neutral on the debates about collective agency and collective responsibility by showing how individualist and collectivist versions of the theory work. Finally, I explore several further upshots of the scaled-up ability-based account, including that degrees of responsibility can be cashed out in terms of strengths of the relevant abilities, which has both theoretical and applied implications. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
13. Error or Fraud? The Effect of Omissions on Management's Fraud Strategies and Auditors' Evaluations of Identified Misstatements.
- Author
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Hamilton, Erin L. and Smith, Jason L.
- Subjects
CRIMINAL omission ,FRAUD ,MISLEADING financial statements ,AUDITING ,FINANCIAL executives ,INTENTION ,MANAGEMENT audit - Abstract
Using experiments with 58 corporate managers and 215 auditors, we examine whether managers attempt to reduce the perceived intentionality of their fraudulent misstatements by perpetrating fraud via omission, as opposed to a more active form of commission, and how auditors evaluate the resulting misstatements. We find that managers choose to omit a transaction from the financial statements rather than record a transaction inappropriately. They also choose to omit critical information from supporting documents rather than provide misleading information. However, auditors generally believe misstatements involving omissions are unintentional. Specifically, we find auditors are less skeptical of an omitted transaction compared to a misrecorded transaction. They are also less skeptical of a misstatement that results from management omitting information from a supporting document compared to misrepresenting information. Overall, our studies identify a method of fraud—omission—that managers are likely to use, but that auditors are unlikely to judge as being intentional. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
14. La respuesta de Quevedo al padre Pineda: una obra posiblemente censurada.
- Author
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Alonso Veloso, María José
- Subjects
MANUSCRIPTS ,CRIMINAL omission ,INVECTIVE ,CENSORSHIP ,HETERODOX economics - Abstract
Numerous invectives against Quevedo's works were disseminated from 1626 to 1635, coinciding with the publication of his most polemical texts: Política de Dios, Buscón and Sueños. Among the earliest ones, there is a diatribe against the political treatise by the Jesuit priest Juan de Pineda, handwritten and now lost. Quevedo replied to it quickly, in 1626. His response is preserved in two manuscript sources dated in the 17th century, one of them with relevant omissions never mentioned by scholars. The aim of this paper is to provide information about more than twenty excerpts that were included in the version that could be presumably closer to the author's will; the other one, which was precisely the base text of modern editors, might have censored them. The above omissions seem to be due to a possible censure: some insulting passages against Pineda dissapear, as well as praises and quotes from a controversial Jesuit, Gabriel Vázquez, who was accused for his heterodox ideas and even imprisoned by the Inquisition. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
15. FENRICH V. THE BLAKE SCHOOL AND MINNESOTA TORT LAW: A ROAD MAP THROUGH SPECIAL RELATIONSHIPS, MISFEASANCE/NONFEASANCE, AND DUTY.
- Author
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Steenson, Mike K.
- Subjects
TORT theory ,TORTS ,OBLIGATIONS (Law) ,NEGLIGENCE ,CRIMINAL omission - Abstract
The article focuses on decision of Minnesota Supreme Court in the case Fenrich v. The Blake School on Minnesota tort law. It mentions special relationship issue, misfeasance/nonfeasance issue, and foreseeability issues recur in Minnesota tort law. It also mentions court held that there was no special relationship between the school and student that would extend to a third party injured by the student's negligence.
- Published
- 2019
16. CONSIDERACIONES GENERALES SOBRE LA RESPONSABILIDAD PENAL POR LA NO EVITACIÓN IMPRUDENTE DEL DELITO DOLOSO AJENO: DOS «RESIDUOS»*.
- Author
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GERMANO, RICCARDO
- Subjects
- *
CRIMINAL liability , *INTERNATIONAL crimes , *CRIMINAL omission , *NEGLIGENCE (Ethics) , *RESPONSIBILITY , *CRIME prevention , *CRIMINAL evidence , *CRIMINAL codes - Abstract
The article takes as a point of departure the fact that the criminal liability for not preventing others from committing intentional criminal offenses can be explained as a reaction to the evidentiary difficulties raised by crimes committed within organized structures. From that standpoint, some critical concerns raised in relation to the general clause regulating liability for omissions in the Spanish Penal Code (art. 11) are firstly analyzed. Secondly, the paper examines two forms of negligent omissions that, as a result of the aforementioned general clause (art. 11), the rules regulating principal and accessory participation in crimes (arts. 28 and 29) and the exceptional criminalization of negligent behavior (art. 12), turn out not to be punishable. Finally, the collateral consequences of the criminalization of (even negligent) omissions in this field are analyzed: the possible loss of a witness for the prosecution in relation to the offense committed by another person and the restriction of the principle of self-responsibility, especially serious in «failure to protect» cases. [ABSTRACT FROM AUTHOR]
- Published
- 2019
17. LAS ESTRATEGIAS PRUDENCIALES DE CUIDADO Y RESPETO EN LA TEORÍA DE ALFONSO GÓMEZLOBO: RELACIONES ENTRE NORMAS AFIRMATIVAS Y NEGATIVAS, ACCIÓN Y OMISIÓN, PRINCIPIOS DE BENEFICENCIA Y NO MALEFICENCIA.
- Author
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del Pilar Cereceda-Martínez, Maite
- Subjects
SOCIAL norms ,CRIMINAL omission ,NATURAL law ,PHILOSOPHERS ,CARE ethics (Philosophy) - Abstract
Copyright of Praxis Filosófica is the property of Universidad del Valle and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
18. The Contours of Involuntary Manslaughter--A Place for Unlawful Act by Omission.
- Author
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Taylor, Richard
- Subjects
MANSLAUGHTER -- Law & legislation ,CRIMINAL omission ,NEGLIGENCE - Abstract
Unlawful act manslaughter and gross negligence manslaughter are the two properly recognised types of involuntary manslaughter under the law as currently best stated. One possible lacuna, sometimes presented as a reason for these two recognised types of manslaughter being arguably insufficient, relates to those reckless omissions which fall short of gross negligence and which may appear to be excluded by case law from unlawful act manslaughter as being an omission rather than an act. This article seeks to demonstrate that there is no such lacuna and that, properly understood, the case law does not preclude liability for the "commission by omission" of unlawful act manslaughter and that consequently, on this ground at least, a third category, "reckless manslaughter", is neither needed nor desirable. [ABSTRACT FROM AUTHOR]
- Published
- 2019
19. Speed Effect Analysis Using the CFA Framework.
- Author
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Schweizer, Karl, Reiß, Siegbert, Ren, Xuezhu, Wang, Tengfei, and Troche, Stefan J.
- Subjects
CONFIRMATORY factor analysis ,CRIMINAL omission ,GAUSSIAN distribution ,HOMOGENEITY ,VARIANCES - Abstract
The paper outlines a method for investigating the speed effect due to a time limit in testing. It is assumed that the time limit enables latent processing speed to influence responses by causing omissions in the case of insufficient speed. Because of processing speed as additional latent source, the customary confirmatory factor model is enlarged by a second latent variable representing latent processing speed. For distinguishing this effect from other method effects, the factor loadings are fixed according to the cumulative normal distribution. With the second latent variable added, confirmatory factor analysis of reasoning data (N =518) including omissions because of a time limit yielded good model fit and discriminated the speed effect from other possible effects due to the item difficulty, the homogeneity of an item subset and the item positions. Because of the crucial role of the cumulative normal distribution for fixing the factor loadings a check of the normality assumption is also reported. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
20. Silencing Plato's Text. On Plutarch's III Platonic Question.
- Author
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Delle Donne, Carlo
- Subjects
EXERCISE ,INQUIRY (Theory of knowledge) ,CRIMINAL omission - Abstract
Copyright of Ploutarkhos is the property of International Plutarch Society and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
21. THE UNINTENDED CONSEQUENCES OF ARBITRATORS MISTAKENLY PRESUMING THAT PARTIES' INTENTIONAL OMISSIONS WERE UNINTENTIONAL.
- Author
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Lampert, Michael
- Subjects
ARBITRATION & award ,CRIMINAL omission ,ARBITRATORS ,MURPHY'S law ,CLASS actions ,COMMON law ,CIVIL law - Abstract
The article analyzes the consequences of U.S. arbitrators mistakenly presuming that intentional omissions by parties were unintentional. It explores the use of the Miles Law and Murphy's Law in arbitration cases. A particular focus is given to the Supreme Court case Epic Systems Inc. v. Lewis which validated class action waivers in arbitration. The application of common law and civil law arbitration cases is also discussed.
- Published
- 2018
22. McArdle v. Mission Hospital, Inc.
- Author
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MARINO, PHOENIX
- Subjects
- *
NEGLIGENCE lawsuits , *AMERICAN veterans , *CRIMINAL omission , *CRIMINAL liability , *CIVIL liability - Abstract
The article discusses the decision by the North Carolina Court of Appeals in the case McArdle v. Mission Hospital Inc. The family of Joshua McArdle, a troubled Iraqi-war veteran, sued the hospital for negligence, gross negligence, and negligent infliction of emotional distress arising from the acts and omissions of its employees. The hospital escaped civil liability when the court ruled that it did not have custody over the patient after it discharged him without notifying the family.
- Published
- 2018
23. IN DEFENSE OF GRISWOLD V. CONNECTICUT: PRIVACY, ORIGINALISM, AND THE ICEBERG THEORY OF OMISSION.
- Author
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MCCARTHY, EUGENE
- Subjects
- *
RIGHT of privacy , *ORIGINALISM (Constitutional interpretation) , *CRIMINAL omission , *CIVIL rights ,GRISWOLD v. Connecticut - Published
- 2018
24. RATIONALISING OMISSIONS LIABILITY IN NEGLIGENCE.
- Author
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Steel, Sandy
- Subjects
NEGLIGENCE ,TORTS ,LEGAL liability ,LEGAL justification ,CRIMINAL omission ,RULE of law - Published
- 2019
25. Reference fiction, and omission.
- Author
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Murray, Samuel
- Subjects
FICTIONALISM (Philosophy) ,SEMANTICS ,METAPHYSICS ,CRIMINAL omission ,KRIPKE semantics - Abstract
In this paper, I argue that sentences that contain 'omission' tokens that appear to function as singular terms are meaningful while maintaining the view that omissions are nothing at all or mere absences. I take omissions to be fictional entities and claim that the way in which sentences about fictional characters are true parallels the way in which sentences about omissions are true. I develop a pragmatic account of fictional reference and argue that my fictionalist account of omissions implies a plausible account of the metaphysics of omissions. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
26. Euthanasia and Quality of Life: Critique of a Subjective Standard.
- Author
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DiBaise, John K.
- Subjects
- *
EUTHANASIA , *QUALITY of life , *TERMINAL care , *CRIMINAL omission , *ACT psychology - Abstract
Euthanasia advocates argue that end-of-life decisions should be based on patients' autonomous evaluations of their own quality of life. The question is whether a patient's quality of life has deteriorated so far as to make death a benefit. Criteria for evaluating quality of life are, however, unavoidably arbitrary and unjust. The concept is difficult to define, and human autonomy has limits. This essay discusses the moral issues raised by quality-of-life judgments at the end of life: who makes them, what criteria they use, and what clinical actions the conclusions justify. It then looks at ways in which quality of life can be considered legitimately, in relation not to euthanasia, which is always illicit, but to specific proposed treatments. If a patient decides to forgo treatment, the decision should be based on the judgment that the treatment, its side effects, or its long-term consequences would be excessively burdensome or useless. [ABSTRACT FROM AUTHOR]
- Published
- 2017
27. IF I HAVE A DUTY, I NEED NOTICE TO SATISFY DUE PROCESS.
- Author
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LEDBETTER, ALEXANDER L.
- Subjects
- *
CRIMINAL liability , *CRIMINAL omission , *NEGLIGENCE , *CRIMINAL law , *DUE process of law - Abstract
The article focuses on constitutional issues and implications of holding someone criminally liable for an act or an omission when the statute does not expressly enforce such a duty in the U.S. It informs on Missouri Court of Appeals for the Eastern District of Missouri court case State v. Gargus addressing civil tort negligence liability upon criminal law. It also informs on due process issues when criminal liability is imposed without sufficient notice.
- Published
- 2017
28. Cause by Omission and Norm: Not Watering Plants.
- Author
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Henne, Paul, Pinillos, Ángel, and De Brigard, Felipe
- Subjects
CAUSATION (Philosophy) ,NORM (Philosophy) ,DEPENDENCY (Psychology) ,CRIMINAL omission ,LEGAL judgments - Abstract
People generally accept that there is causation by omission—that the omission of some events cause some related events. But this acceptance elicits the selection problem, or the difficulty of explaining the selection of a particular omissive cause or class of causes from the causal conditions. Some theorists contend that dependence theories of causation cannot resolve this problem. In this paper, we argue that the appeal to norms adequately resolves the selection problem for dependence theories, and we provide novel experimental evidence for it. [ABSTRACT FROM PUBLISHER]
- Published
- 2017
- Full Text
- View/download PDF
29. Chapter 9: Law and Omissions: A Brief Defense.
- Author
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Clarke, Randolph
- Subjects
CRIMINAL law ,CRIMINAL omission ,ASSAULT & battery ,ROBBERY ,TAX accounting - Abstract
The article discusses Criminal law forbids actions of certain kinds: assault, robbery, murder. Less commonly, it requires action, and failure to act as required can incur liability. Sometimes the requirement is specified by statute, such as one requiring the filing of tax returns. In other cases, although the definition of an offense says nothing about omissions.
- Published
- 2016
30. Chapter 1: What Is an Omission?
- Author
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Clarke, Randolph
- Subjects
CRIMINAL omission ,ACTIONS & defenses (Law) ,RELEVANCE logic ,AGENT (Philosophy) ,MIND & body - Abstract
The article discusses, examine three proposals concerning what omissions or instances of refraining are. The first of these has it that at least some are actions of a distinctly negative kind, such as preventing oneself from doing something that one is tempted to do. The second view holds that each omission or refraining is wholly or partly constituted by the way the agent actually moves her body at the relevant time.
- Published
- 2016
31. ADVOCATES' IMMUNITY AND PLEADINGS: Solicitors sued for omissions in pleadings were able to rely on the advocates' immunity.
- Author
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Alder, Baron
- Subjects
PLEADING ,LAWYERS ,CRIMINAL omission - Published
- 2023
32. From ‘Magic’ to ‘Tragic Realism’.
- Author
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Morwood, Nicholas
- Subjects
- *
REALISM , *AMRITSAR Massacre, Amritsar, India, 1919 , *CRIMINAL omission - Abstract
The year 2013 was the 94th anniversary of the Amritsar massacre in the Jallianwala Bagh, and it was also the year that the film of Salman Rushdie's Midnight's Children went on general release. The Amritsar atrocity is the first historical event portrayed in the original novel, demonstrating its relevance to the emergence of an independent India, yet – despite its director being born in Amritsar – the movie chooses not to represent the massacre at all. This essay argues that such a symbolic omission hints at a major shift in the politics of Rushdie's newer work: The Enchantress of Florence and Shalimar the Clown are marked by a capitulation in the face of state power that Rushdie fought so hard against in Midnight's Children and The Satanic Verses. Rushdie has never been only a celebrant of ‘hybridity, impurity, intermingling,’ preferring instead to dramatize the conflict between the magic of hybridity and the awful realities of state power, in a technique I dub ‘tragic realism’. In his latest novels, however, Rushdie portrays less and less magic in his worlds, replacing it with more and more sadness about what he sees as the failure of hybridity as a political project in the face of sovereign power and the state of exception. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
33. Liability of physicans and dentists - key issues.
- Author
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Zalewski, Michał and Fux-Zalewska, Kamila
- Subjects
- *
PHYSICIANS , *DENTISTS , *MEDICAL malpractice , *CRIMINAL omission , *DAMAGES (Law) - Abstract
Physicians and dentists can be held liable for commissions and omissions relating to the exercise of medical activity. Medical liability involves the obligation to redress the damage (harm) which occurred as a result of acts or omissions committed in the course of medical activity. Whether liability will arise depends on the occurrence of damage which stands in an adequate causal relationship to the event provided for in applicable regulations. This event may be non-performance or improper performance of a contract for the provision of medical services (contractual liability) or unlawful and culpable conduct in the exercise of medical action taken toward the patient who is not bound to the doctor by a legal relationship (tort liability). When a physician or a dentist is assigned a liability, he/she is obliged to redress the pecuniary damage and compensate for the non-pecuniary injury (wrong) suffered by the injured party. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
34. CUESTIONES CONTROVERTIDAS SOBRE LA PROTECCIÓN PENAL DE LA SEGURIDAD E HIGIENE EN EL TRABAJO.
- Author
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Pérez Ferrer, Fátima
- Subjects
- *
CRIMINAL codes , *CRIMINAL omission , *PUNISHMENT , *HOMICIDE , *WORK environment laws - Abstract
The crimes against health and safety at work are typified in articles 316 and 317 of the Criminal Code. They punish the willful or reckless production of a serious danger to the life, health or integrity of workers by those who do not provide the means necessary for them to carry out their activity with adequate safety measures. These are crimes of omission that require non-compliance with the regulations on the prevention of occupational risks, through the legislative technique of criminal penalties in blank; and of a special nature, where there is a legal obligation for certain subjects to provide workers with adequate safety and hygiene measures in their work activity. Although in practice, these behaviors are usually not detected until the production of an accident, there is also the problem of the legalcriminal treatment of concurrence of infringements, if in these cases an effective damage to the aforementioned legal assets, With the possibility of applying together with these crimes, those of homicide or injuries provided respectively in articles 142 and 152 of the same punitive body. In the following pages, some of the fundamental aspects of these crimes will be analyzed, specifically those that have generated more interpretative problems in their application and the most recent jurisprudential decisions in the matter. [ABSTRACT FROM AUTHOR]
- Published
- 2016
35. Aiding and Abetting by Omission before the International Criminal Tribunals.
- Author
-
Ingle, Jessie
- Subjects
- *
ACCOMPLICES , *CRIMINAL omission , *LEGAL liability - Abstract
The mode of liability of aiding and abetting by omission is fraught with analytical difficulties. It is prone to gratuitous expansion beyond more settled modes of liability, being grounded not only in a failure to act, but also in the actions of another, the principal. The International Criminal Tribunals for Rwanda and the former Yugoslavia have struggled throughout their history to present a coherent analysis of the development of aiding and abetting by omission. This article attempts to distil the incoherencies of the ad hoc tribunals' reasoning through an examination of the fundamental philosophical principles permeating the mode of liability ç namely, the legal distinction between acts and omissions and the tenuousness of counterfactuals. This article questions the suitability of the mode of liability for the varying fact patterns to which it has been applied and concludes that a precise, first principles analysis must be utilized to ensure future applications guard against the unwarranted expansion of aiding and abetting by omission. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
36. In Defense of Criminal Possession.
- Author
-
Yaffe, Gideon
- Subjects
CRIMINAL law ,POSSESSION (Law) ,CRIMINAL liability ,MANSLAUGHTER lawsuits ,CRIMINAL omission ,VOLUNTEER service - Abstract
Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of the kind that need be included in that for which criminal liability is imposed in the absence of a voluntary act, and (3) argues that possession is a status that is constituted in part by an omission of this sort. The result is that to hold people criminally liable for possession is to hold them criminally liable both for a status and for an omission, an omission that is part of what it is to have that status. The paper also distinguishes possession from vagrancy, which is not a proper object of criminal liability, precisely because of constraints placed by the Voluntary Act Requirement. And the paper argues that possession incident to dispossession is not a proper object of criminal liability because it does not involve an omission of the kind that other forms of possession involve. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
37. Omission and Commission as Marketplace Trauma.
- Author
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Bennett, Aronté Marie, Baker, Stacey Menzel, Cross, Samantha, James, J. P., Bartholomew, Gregory, Ekpo, Akon E., Henderson, Geraldine Rosa, Hutton, Martina, Khare, Apoorv, Roy, Abhijit, Stovall, Tony, and Taylor, Charles Ray
- Subjects
GOVERNMENT agencies ,CRIMINAL omission ,MARKETPLACES ,CONSUMER research ,CONSUMPTION (Economics) - Abstract
This article discusses the concepts of omission and commission as marketplace trauma within the theoretical framework of cultural trauma theory. The authors identify the meanings and processes of the people, activities, and outcomes likely when marketplace omission and/or commission occur, as well as the factors that elevate these events from collective to cultural trauma. The authors use concepts of social structure, collective practices, and collective discourse in exploring the interconnectivity of marketplace traumas and their actors, victims, and consequences (i.e., constrained consumption, damaged marketing systems, and institutional privilege). They then leverage the same framework to propose further research and corrective actions. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
38. SINS OF OMISSION: ABSTENTION IN DEMOCRATIC INSTITUTIONS.
- Author
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Hayden, Grant M.
- Subjects
ABSTENTION doctrine (Law) ,VOTING laws ,CRIMINAL omission ,VOTERS - Abstract
Assumptions regarding the effect of an abstention guide the theory and practice of abstention across the full range of democratic decisionmaking. Sometimes, however, these assumptions are false, and may prevent voters from achieving their objectives. This Article examines the effect that abstention has under common voting procedures, dispelling many assumptions that voters make about the effect of an abstention. [ABSTRACT FROM AUTHOR]
- Published
- 2016
39. RESPONSABILIDAD DEL SUPERIOR JERÁRQUICO Y RESPONSABILIDAD PENAL POR OMISIÓN DE MIEMBROS DE LA FUERZA PÚBLICA EN COLOMBIA: ¿CONVERGENCIA ENTRE EL DERECHO PENAL NACIONAL E INTERNACIONAL?
- Author
-
COTE-BARCO, GUSTAVO EMILIO
- Subjects
- *
CRIMINAL liability , *CRIMINAL law , *INTERNATIONAL law , *CRIMINAL omission , *SURETYSHIP & guaranty , *CRIMINAL codes - Abstract
Since 4 September 2012, the official beginning of the peace process between the Colombian government and the FARC (Revolutionary Armed Forces of Colombia), there has been much discussion about the possible application of the doctrine of command responsibility in the prosecution of international crimes by national courts. However, the scope of this doctrine, as developed in international criminal law, should be differentiated from the notion of criminal liability by omission under the Colombian Criminal Code (CCC). This paper explores the forms of criminal liability and the factual hypothesis that the doctrine of command responsibility covers. It also examines some decisions of the Colombian courts in which the notion of criminal liability by omission of armed force members is applied (especially with regard to the general provision contained in article 25 CCC), indicating some legal problems that have arisen in this regard. This paper seeks to demonstrate that the doctrine of command responsibility and the general provision of article 25 CCC, though closely related, are not the same. In doing so, it claims that Colombian courts should apply norms of the criminal code’s special part to cover some factual hypothesis which are not covered by article 25 CCC, but still fall within the scope of the doctrine of command responsibility as defined, for example, in the Rome Statute. Finally, it maintains that the confusion of these two regimes of criminal liability could lead us to transfer into the Colombian legal system some of the problems faced in the application of international criminal law. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
40. Acción y omisión en la infracción de deberes negativos en derecho penal.
- Author
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Navas, Iván
- Subjects
- *
CRIMINAL liability , *CRIMINAL omission , *CRIMINAL act , *DUTY , *CRIMINAL law , *LEGAL liability - Abstract
This article presents a proposal to make a distinction between negative and positive duties as basis of criminal liability. It focuses on the negative duties and the ways of its infringement distinguishing between the infringement by action and the infringement by omission the negative duty. The article aims to highlight the need to interpret the criminal norm that creates Substantive Offences (Special Part) according to the existence of negative duties (and positive duties) beyond the distinction between prohibitions and mandates. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
41. Manslaughter by Omission and the Rule of Law.
- Author
-
Ashworth, Andrew
- Subjects
CRIMINAL omission ,GOOD Samaritan laws ,CRIMINAL law ,CRIMINAL liability ,NEGLIGENCE - Abstract
The article explores the regulatory statute in the criminal law of England and Wales related to duty of a person that held the person criminally liable for manslaughter for failure to assist a family member or friend who then dies. Topics discussed include relation between manslaughter and fundamental rule-of-law standards, duty-situations for family and friends in the context of the act requirement in the acts reus element of crimes, and obligation of a family member to other relative.
- Published
- 2015
42. El delito de mantención de la venta de alimentos defectuosos al público: Una revisión del artículo 315 del Código Penal a partir de la teoría de las presunciones y de la dogmática de los delitos de omisión propia.
- Author
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Salazar Cádiz, Andrés
- Subjects
- *
PRODUCT liability -- Food , *CRIMINAL law , *MANUFACTURING defects , *PRESUMPTIONS (Law) , *CRIMINAL omission , *CRIMINAL codes , *POSSESSION (Law) , *LAW - Abstract
This article argues that in our country it is an offence to keep defective food products in stock for sale, conduct which would be criminalized under article 315, paragraph 3 of our Penal Code. In the author's view, the existence of such an offence has passed unnoticed for most of our doctrine, because in the description of the prohibited conduct the law uses words that have, in a first or ordinary meaning, a consolidated use in law practice. In particular, the author analyzes the use of the word "presumption", which has been commonly understood by lawyers as referring to a particular rule of proof. However, that meaning is not the only one that can be attributed to that word: in certain legal contexts, the use of the word "presumption" implies the decision of the law-maker to establish a relation of equivalence between two concepts. This is what the author calls the "constitutive effect" of presumptions in law. Being this an arguable position, this article will try to justify such premise through a series of pragmatic arguments. Once this point has been proven, it will be possible to clearly appreciate the real content of article 315 paragraph 3 of the Penal Code. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
43. La responsabilidad penal del fabricante por la infracción de sus deberes de vigilancia, advertencia y retirada.
- Author
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Contreras Chaimovich, Lautaro
- Subjects
- *
MANUFACTURING industries -- Law & legislation , *CRIMINAL law , *PRODUCT liability -- Lawsuits & claims , *CRIMINAL liability of juristic persons , *PRODUCT safety laws , *PRODUCT recall laws , *PROPORTIONALITY in law , *CRIMINAL omission , *LAW - Abstract
The article discusses the manufacturers' legal duties of monitoring, warning and recall regarding their product in the criminal law of Chile, with a focus on the figure of product liability. Topics addressed include the concept of corporate criminal liability in Chilean criminal law; the principle of proportionality, particularly in cases of product recall; and the treatment of the process of monitoring, warning and recall according to the principle of criminal omission, including a comparison to Spanish and German criminal law.
- Published
- 2015
- Full Text
- View/download PDF
44. Sobre la construcción de la exigencia de cuidado.
- Author
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Reyes Romero, Italo
- Subjects
- *
REASONABLE care (Law) , *NEGLIGENCE , *MENTAL competency (Law) , *HISTORY of criminal law , *CRIMINAL liability , *CRIMINAL law , *CRIMINAL omission - Abstract
The aim of the paper is to explore the content of the duty of care, which is the most important element of imputation by way of negligence. For this, the paper argues and defends three main ideas: First, these duties of care are constructed by an objective standard, which contradicts a mere psychological negligence that identifies a mental failure in the agent. Second, the notion of care is always inalienable, hence any dogmatic effort to change it by mere cognoscibility of the wrong is insufficient. And, finally, in order to define what the careful conduct according to context is, it is essential to take into consideration the specific knowledge and capacities of the subject, which denies those theories that focus in the knowledge and capacities of an abstract average man. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
45. Judges' intervention in witness examination as a cause of omissions in interpretation in the Hong Kong courtroom.
- Author
-
Eva Nga Shan Ng
- Subjects
CRIMINAL omission ,WITNESSES ,CRIMINAL trials ,CRIMINAL procedure ,JUSTICE administration ,COURTS - Abstract
Research on court interpreting has by and large pointed to the court interpreters' incompetence or otherwise lack of training as the main cause of inaccuracy or non-equivalence in their rendition of the source-language (SL) speaker's message into the target language (TL). Drawing on the authentic data of nine criminal trials from the courts of Hong Kong, this study demonstrates judges' intervention in witness examination as a cause of omissions in court interpreting. his study is situated in the bilingual Hong Kong courtroom, where the interpreting service in a trial conducted in English is a sine qua non due to the linguistic dichotomy between English-speaking legal professionals and Cantonese-speaking lay litigants. The access of non-English-speaking (NES) participants to utterances produced in English in witness examination is made possible by the interpretation provided in the consecutive mode in open court. his study illustrates how a judge's intervention in the proceedings can lead to omissions and/or a change from the consecutive mode to the more restrictive chuchotage mode of interpreting and discusses how this may impact on the participation status of NES court actors and potentially compromise the administration of justice. It concludes by suggesting solutions to the problems identified. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
46. The Jurisprudence Annual Lecture 2015.
- Author
-
Ripstein, Arthur
- Subjects
- *
RIGHTS , *CRIMINAL omission , *IMPLIED right of action (Law) , *BREACH of contract - Abstract
In the article, the author offers information on the view of philosopher Immanuel Kant's philosophy of right as a set of restrictions. Topics discussed include distinction between misfeasance and nonfeasance organized by private rights, moral principles concerning rights of human beings, and the way a court takes its decision on a breach of contract case.
- Published
- 2015
- Full Text
- View/download PDF
47. Aborto en autoría mediata. Comentario a la STS 507/2019, de 25 de octubre
- Author
-
Bolea Bardon, Carolina
- Subjects
Causalitat (Dret penal) ,Autoria mediata ,Causation (Criminal law) ,Abortion ,Accomplices ,Criminal omission ,Avortament ,Participació en el delicte ,Delictes d'omissió - Abstract
Objeto del presente comentario es la Sentencia del Tribunal Supremo de 25 de octubre de 2019. Los hechos probados son los siguientes: las acusadas Angelina, Adolfina, Beatriz y Almudena,esta última con antecedentes penales computables a efectos de reincidencia, habían obligado a abortar a la testigo protegida. La misma venía siendo obligada a ejercer la prostitución en beneficio de quien la había traído a España, esto es, Adolfina. Como consecuencia de dicha actividad, la testigo protegida quedó embarazada mientras ejercía la prostitución. Como quiera que esta situación impediría que la testigo protegida trabajara durante varios meses, dejando de pagar su deuda, la acusada Adolfina, junto a las acusadas Angelina y Beatriz, que actuaban todas de común acuerdo y con el mismo propósito, golpearon y pegaron a la testigo en varias ocasiones, y le manifestaron que estaba obligada a abortar, sin perjuicio de obligarla a seguir prostituyéndose mientras esta estuviera embarazada y hasta que abortara; además de aumentarle la deuda en 15.000 como castigo. La testigo manifestó a las acusadas que no quería abortar y que quería tener a su hijo.
- Published
- 2021
48. Crimes of omission and the role of the guarantor in Croatian criminal law.
- Author
-
Hećimović, Daniela
- Subjects
CLASSIFICATION of crimes ,CRIMINAL omission ,CRIMINAL codes ,CRIMINAL law ,CRIMINAL justice system ,CRIMINAL sentencing - Abstract
The article offers an overview of the characteristics of crimes of omission and discusses the guarantor's role in the Criminal Code of Croatia. Topics discussed include the classification of crimes of omission which are distinguished between authentic and inauthentic based on the German model, the guarantor which includes classification of obligations, and the easing of punishment on a criminal offense.
- Published
- 2012
49. Proprietary Estoppel and Responsibility for Omissions.
- Author
-
Samet, Irit
- Subjects
- *
PROPRIETARY estoppel , *PROPERTY rights , *LAND use laws , *CRIMINAL omission , *CIVIL law , *ACQUIESCENCE (Law) - Abstract
The 'acquiescence' category of proprietary estoppel is a rare example of responsibility for pure omissions in private law. On liberal-individualistic theories of ownership, the policy considerations against liability for nondoing are exceptionally powerful in the context of rights over land. Nevertheless, I argue that in proprietary estoppel the law is justified in imposing a duty on the right-holder to alert a stranger when his actions are based on a mistake. Owners of property rights are under what Honoré termed a 'special duty' to contribute to the social good of efficient market for land by publicising their rights. This 'duty to speak' is however relatively weak and cannot completely suppress considerations against liability for omission. While liability in the acquiescence category can be justified in principle, the current law, in which owners who failed to correct the mistake of the relying party incur similar liability to owners who actively encouraged the other party to rely, is untenable. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
50. An approach to the state responsibility by an omission in The Inter-American Court of Human Rights Jurisprudence.
- Author
-
Barón Soto, Marcela and Gómez Velásquez, Alejandro
- Subjects
JURISPRUDENCE ,HUMAN rights ,GOVERNMENT liability (International law) ,CRIMINAL omission ,ARGUMENT - Abstract
Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2015
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