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The 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 Details

ISBN: 9780199256860
ISBN-10: 0199256861
Format: Hardback
(240mm x 164mm x 39mm)
Pages: 640
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 22-Jan-2009
Country of Publication: United Kingdom

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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).

Books By Author Michael S. Moore

Act and Crime by Michael S. Moore

Act and Crime

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Placing Blame by Michael S. Moore

Placing Blame

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Causation and Responsibility by Michael S. Moore

Causation and Responsibility

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Educating Oneself in Public by Michael S. Moore

Educating Oneself in Public

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