Causation and Responsibility
An Essay in Law, Morals, and Metaphysics
By (author) Michael S. Moore
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Causation and Responsibility by Michael S. Moore
Book DescriptionThe concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of the legal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honore to clarify the philosophical background to the legal and moral debates. The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law by using risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
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Book DetailsISBN: 9780199256860
(240mm x 164mm x 39mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 22-Jan-2009
Country of Publication: United Kingdom
Books By Author Michael S. Moore
Act and Crime, Paperback (August 2010)
What implications are there for the criminal law from the philosophy of action? Providing a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it, Moore develops a coherent theory of action in philosophy and assesses its effects on criminal law.
Causation and Responsibility, Paperback (July 2010)
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.
Placing Blame, Paperback (July 2010)
Michael Moore is of the leading Anglo-American legal theorists and this text is widely regarded as the leading modern statement of the retributivist theory of punishment and of that theory's systematic application to criminal law doctrine.
Educating Oneself in Public, Hardback (July 2000)» View all books by Michael S. Moore
An examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes major themes such as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; and more.
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Author Biography - Michael S. Moore
Michael Moore holds the Charles R. Walgreen, Jr. Chair at the University of Illinois, where he is jointly appointed as the Professor of Law and Professor of Philosophy. His major works include Placing Blame (OUP, 1997), Act and Crime, (OUP, 1993) and Law and Psychiatry (CUP, 1984).
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