Table Of Content

Philosophers in Depth Series Editor: Constantine Sandis Philosophers in Depth is a series of themed edited collections focusing on partic- ular aspects of the thought of major figures from the history of philosophy. The volumes showcase a combination of newly commissioned and previously published work with the aim of deepening understanding of the topics covered. Each book stands alone, but taken as a whole the series will amount to a vast collection of critical essays covering the history of philosophy and exploring issues that are central to the ideas of individual philosophers. This project was launched with the financial support of the Institute for Historical and Cultural Research at Oxford Brookes University, for which we are very grateful. Constantine Sandis Oxford Titles include: Alix Cohen (e ditor ) KANT ON EMOTION AND VALUE Alison Denham ( editor ) PLATO ON ART AND BEAUTY Edward Feser ( editor ) ARISTOTLE ON METHOD AND METAPHYSICS Brian Garvey ( editor ) J. L. AUSTIN ON LANGUAGE Philip Goff (e ditor ) SPINOZA ON MONISM Leonard Kahn (e ditor ) MILL ON JUSTICE Arto Laitinen and Constantine Sandis ( editors ) HEGEL ON ACTION Katherine Morris ( editor ) SARTRE ON THE BODY Charles R. Pigden (e ditor ) HUME ON MOTIVATION AND VIRTUE Christopher Pulman ( editor ) HART ON RESPONSIBILITY Sabine Roeser REID ON ETHICS Henrik Rydenfelt and Sami Pihlström ( editors ) WILLIAM JAMES ON RELIGION Daniel Whiting ( editor ) THE LATER WITTGENSTEIN ON LANGUAGE Forthcoming titles : Pierre Destree ( editor ) ARISTOTLE ON AESTHETICS David Dolby ( editor ) RYLE ON MIND AND LANGUAGE Bernhard Weiss ( editor ) DUMMETT ON ANALYTICAL PHILOSOPHY Philosophers in Depth Series Standing Order ISBN 978–0–230–55411–5 Hardback ISBN 978–0–230–55412–2 Paperback ( outside North America only ) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and one of the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England Hart on Responsibility Christopher Pulman London, UK Selection and editorial matter © Christopher Pulman 2014 Chapters © Individual authors 2014 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2014 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN: 978–1–137–37442–4 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Hart on responsibility / edited by C.G. Pulman. pages cm ISBN 978–1–137–37442–4 (hardback) 1. Hart, H. L. A. (Herbert Lionel Adolphus), 1907–1992. 2. Law – Philosophy. 3. Responsibility. I. Pulman, C. G. (Christopher G.), 1983– editor. K230.H3652H37 2014 3409.1—dc23 2014026281 For my parents Contents Notes on Contributors viii Introduction 1 Christopher Pulman 1 Hart’s Senses of ‘Responsibility’ 30 Karin Boxer 2 Voluntary Interventions 47 Christopher Pulman 3 Causing Things and Doing Things 71 Helen Steward 4 A Framework for Punishment: What Is the Insight of Hart’s ‘Prolegomenon’? 91 Douglas Husak 5 Legal Responses to Consensual Sexuality between Adults: Through and beyond the Harm Principle 109 Matthew H. Kramer 6 Revisiting the Hart/Wootton Debate on Responsibility 129 Matt Matravers and Arina Cocoru 7 Hart’s Choices 154 Gideon Yaffe 8 Hart, Punishment and Excusing Conditions 174 Erasmus Mayr 9 Hart and Punishment for Negligence 195 Larry Alexander Bibliography 206 Index 213 vii Notes on Contributors Larry A lexander is Warren Distinguished Professor of Law at the University of San Diego. Karin Boxer is Visiting Assistant Professor of Philosophy at Amherst College. Arina Cocoru is a PhD student at New York University School of Law. Douglas Husak is Professor of Philosophy at Rutgers University. Matthew H. Kramer is Professor of Legal and Political Philosophy at the University of Cambridge. Matt M atravers is Professor and Director of the Morrell Centre for Toleration at the University of York. Erasmus M ayr is a Junior Research Fellow in philosophy at the Queen’s College, University of Oxford. Christopher P ulman formerly lectured in philosophy at the University of Reading and is now a pupil barrister at 1 Gray’s Inn Square, London. Helen Steward is Professor of Philosophy of Mind and Action at the University of Leeds. Gideon Y affe is Professor of Law and Professor of Philosophy and Psychology at Yale Law School. viii