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When Should the Master Answer? Respondeat Superior and the Criminal Law

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Bibliographic Details
Main Author: Silver, Kenneth
Format: Book
Language:English
Published: Springer 2023
Subjects:
Respondeat Superior
Criminal Law
Online Access:https://link.springer.com/article/10.1007/s11572-023-09659-7
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9344
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spelling oai:localhost:PNK-93442023-09-28T07:16:04Z When Should the Master Answer? Respondeat Superior and the Criminal Law Silver, Kenneth Respondeat Superior Criminal Law CC-BY Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. 2023-09-28T07:16:04Z 2023-09-28T07:16:04Z 2023 Book https://link.springer.com/article/10.1007/s11572-023-09659-7 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9344 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic Respondeat Superior
Criminal Law
spellingShingle Respondeat Superior
Criminal Law
Silver, Kenneth
When Should the Master Answer? Respondeat Superior and the Criminal Law
description CC-BY
format Book
author Silver, Kenneth
author_facet Silver, Kenneth
author_sort Silver, Kenneth
title When Should the Master Answer? Respondeat Superior and the Criminal Law
title_short When Should the Master Answer? Respondeat Superior and the Criminal Law
title_full When Should the Master Answer? Respondeat Superior and the Criminal Law
title_fullStr When Should the Master Answer? Respondeat Superior and the Criminal Law
title_full_unstemmed When Should the Master Answer? Respondeat Superior and the Criminal Law
title_sort when should the master answer? respondeat superior and the criminal law
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s11572-023-09659-7
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9344
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score 8.887836

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