This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

A number of companies including Google and BMW are currently working on the development of autonomous cars. But if fully autonomous cars are going to drive on our roads, it must be decided who is to be held responsible in case of accidents. This involves not only legal questions, but also moral ones. The first question discussed is whether we should try to design the tort liability for car manufacturers in a way that will help along the development and improvement (...) of autonomous vehicles. In particular, Patrick Lin’s concern that any security gain derived from the introduction of autonomous cars would constitute a trade-off in human lives will be addressed. The second question is whether it would be morally permissible to impose liability on the user based on a duty to pay attention to the road and traffic and to intervene when necessary to avoid accidents. Doubts about the moral legitimacy of such a scheme are based on the notion that it is a form of defamation if a person is held to blame for causing the death of another by his inattention if he never had a real chance to intervene. Therefore, the legitimacy of such an approach would depend on the user having an actual chance to do so. The last option discussed in this paper is a system in which a person using an autonomous vehicle has no duty of interfering, but is still held responsible for possible accidents. Two ways of doing so are discussed, but only one is judged morally feasible. (shrink)

The possibility that autonomous weapons will be deployed on the battlefields of the future raises the challenge of determining who can be held responsible for how these weapons act. Robert Sparrow has argued that it would be impossible to attribute responsibility for autonomous robots' actions to their creators, their commanders, or the robots themselves. This essay reaches a much different conclusion. It argues that the problem of determining responsibility for autonomous robots can be solved by addressing it within the context (...) of the military chain of command. The military hierarchy is a system of distributing responsibility between decision makers on different levels and constraining autonomy. If autonomous weapons are employed as agents operating within this system, then responsibility for their actions can be attributed to their creators and their civilian and military superiors. (shrink)

How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the (...) “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. (shrink)