Sure, consent and responsibility can be legal concepts. De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent. Responsibility in this sense is descriptive. Property and contract play no role in determining who is de facto responsible for an action
The moral claim is that the de facto responsibility should match legal responsibility. This is why contract to transfer legal responsibility is invalid @microblogmemes
De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent.
The process by which de facto responsibility is established is a legal process. The adjudication of blame is a legal decision. Case in point, the current dust up over abortion rights involves states assigning culpability for homicide of a fetus to anyone aiding a pregnant woman in pursuing an abortion.
Everything about this is a legal issue:
The legality of the original act
The culpability of individual participants
The definition surrounding the concept of “aid”
The definition surrounding the concept of “pregnant”
The definition surrounding the concept of “abortion”
Property and contract play no role in determining who is de facto responsible for an action
Property and contract play a role in determining whether an action is socially permissible.
The moral claim is that the de facto responsibility should match legal responsibility.
Morals aren’t objective and the idea of “responsibility” is relative. Parents are considered responsible for the acts of a child, but the legal definition of “parent” and “child” vary by legal jurisdiction. The core concept of “responsibility” is therefore rooted in the legal framework that assigns culpability.
Sure, consent and responsibility can be legal concepts. De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent. Responsibility in this sense is descriptive. Property and contract play no role in determining who is de facto responsible for an action
The moral claim is that the de facto responsibility should match legal responsibility. This is why contract to transfer legal responsibility is invalid @microblogmemes
The process by which de facto responsibility is established is a legal process. The adjudication of blame is a legal decision. Case in point, the current dust up over abortion rights involves states assigning culpability for homicide of a fetus to anyone aiding a pregnant woman in pursuing an abortion.
Everything about this is a legal issue:
The legality of the original act
The culpability of individual participants
The definition surrounding the concept of “aid”
The definition surrounding the concept of “pregnant”
The definition surrounding the concept of “abortion”
Property and contract play a role in determining whether an action is socially permissible.
Morals aren’t objective and the idea of “responsibility” is relative. Parents are considered responsible for the acts of a child, but the legal definition of “parent” and “child” vary by legal jurisdiction. The core concept of “responsibility” is therefore rooted in the legal framework that assigns culpability.