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On Legal Precedents Sharing responsibility

On Legal Precedents Sharing responsibility. Dr Michael Eburn ANU College of Law and Fenner School of Environment and Society The Australian National University CANBERRA ACT 0200 P: + 61 2 6125 6424 E: michael.eburn@anu.edu.au. Kinglake , 5 May 2013. Legal “Responsibility”.

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On Legal Precedents Sharing responsibility

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  1. On Legal Precedents Sharing responsibility Dr Michael Eburn ANU College of Law and Fenner School of Environment and Society The Australian National University CANBERRA ACT 0200 P: + 61 2 6125 6424 E: michael.eburn@anu.edu.au Kinglake, 5 May 2013

  2. Legal “Responsibility” • Was the person acting with free will - responsible for their actions. • Was the person responsible for the consequences of their act or omissions; causal responsibility. • Who is authorised or required to make a decision on what action to take.

  3. Responsibility is always individual • “Group responsibility is “collective” in the sense that it falls on the group as an abstract entity [but] … there can be no such thing as collective responsibility as there can be no abstract entities” Cane, P (2002) Responsibility in law and morality.(Hart: Portland, Oregon) p. 171.

  4. Who can share responsibility? • Only those with legal standing: • Natural persons (you and I); • Corporations; • Governments; • Not ‘communities’.

  5. Shared responsibility • Is not equal responsibility. • How responsibility is to be balanced requires negotiation and trade offs. • The balance of responsibility reflects beliefs about capacity.

  6. Attributing responsibility • The Royal Commission • Cannot allocate responsibility. • Courts • Can make binding legal decisions. • Can adjust rights – but • Fire services are not liable because they are there for a community, not individual benefit.

  7. Questions? Comments? Michael Eburn P: 02 6125 6424 E: michael.eburn@anu.edu.au

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