Autonomy, Fault And Individual Responsibility Flashcards

(8 cards)

1
Q

What is autonomy

A
  • legally capable of making ones own decisions, and therefore legally responsible for their consequences
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2
Q

How does the law link to autonomy

A
  • the law respects Individuals autonomy by allowing them to Engadget in a wide range of activities/behaviour as long as they do not cause harm/violate legal standards
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3
Q

What does autonomy mean in the legal context

A

Being responsible, Independent and able to speak for oneself free of influences

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4
Q

What does Kant say about autonomy

A

People are moral agents responsible for their choices

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5
Q

How does mens rea link to autonomy

A

It reflects a conscious decision to do wrong

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6
Q

How does strict liability contradict autonomy

A

Strict liability contradicts autonomy by punishing those without fault

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7
Q

How does autonomy fit into criminal liability

A

philosophical underpinning of criminal liability—you are only punished for actions you freely chose to commit

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8
Q

Outline a limitation of the rule of autonomy in law

A

Some people (e.g. mentally ill or coerced) may lack autonomy — should the law accommodate this more?

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