Harm and Responsibility

Is there a just way to assign responsibility for harm within the legal system?

In this book, Thomas J. Miceli dissects how legal domains handle issues of responsibility and deterrence through the application of economic theories. Analyzing the relevant doctrines in both tort and criminal law, the book explores how legal and economic frameworks address harm and responsibility.

Miceli navigates the balance between moral and economic objectives. This discussion includes the complexities of assigning responsibility, particularly in situations where it may be limited or extended beyond direct causation.

The book reveals how legal systems manage discrepancies in the treatment of harm and the economic rationale behind different legal practices. It also delves into the reciprocal nature of causation and its implications for defining harm, providing a critical perspective on the interplay between legal rights, responsibilities, and deterrence. Offering new ways to conceptualize contemporary policy debates, the book will enhance the way you view the influence of economic theory and economic frameworks when it comes to discussions surrounding harm and responsibility.

Thomas J. Miceli is a professor of economics at the University of Connecticut. He is the author of The Paradox of Punishment (Palgrave Macmillan, 2019) and a co-author of Maritime Piracy and its Control (Palgrave Macmillan, 2015).