|
Metaphysics, Epistemology, Ethics and Foundations of Civil Liability in Economic Paradigm
|
| |
|
|
|
Abstract: (974 Views) |
Background and Aim: Some jurists use criterions like strict liability or fault as the philosophical basis of civil liability in economic paradigm. This article, aims to exploring relationship between these criterions and some epistemological, ethical and ontological debates; Or to be more precise, dependence of using these criterions on some main philosophical debates.
Materials and Methods: This research has been carried out in a library using descriptive-analytical research methods.
Ethical Considerations: Ethical considerations related to writing texts and referring to sources was observed.
Findings: It has been argued that in this paradigm, Strict Liability, and Fault-based civil liability (1) do not imply free will, determinism or indeterminism, fatalism and they can be impartial to philosophical disputes over these philosophical themes. Then it has been argued that if we presuppose utilitarianism in ethics, that is, in a situation where ethics itself is based on cost-benefit calculations, then we will have the consistency between legal and moral responsibility using a common computational basis. However, we cannot inference an implication relationship in this context. We continued that in Economic paradigm, Strict Liability and Fault-based civil liability both imply non-Cognitivism.
Conclusion: Economic understanding of these theories has no effect on how they relate to philosophical controversies (on the concepts of causality). |
|
| Keywords: Economic Paradigm, Fault-based civil liability, Strict Liability, Causality, Non-cognitivism |
|
|
Full-Text [PDF 857 kb]
(375 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2021/06/26 | Revised: 2022/05/23 | Accepted: 2021/08/29 | Published: 2021/10/1
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
.png)
