Causation and Responsibility

Author: Michael S. Moore
Publisher: Oxford University Press
ISBN: 9780199599516
Release Date: 2010-07-15
Genre: Law

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.

Causation and Responsibility

Author: Michael S. Moore
Publisher: OUP Oxford
ISBN: 9780191021503
Release Date: 2009-01-22
Genre: Law

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 Honoré 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.

Causation and Responsibility

Author: Michael S. Moore
Publisher: Oxford University Press on Demand
ISBN: 9780199256860
Release Date: 2009
Genre: Law

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. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attributeresponsibility to agents.

Causation and Responsibility An Essay in Law Morals and Metaphysics

Author: Michael S. Moore
Publisher: OUP Oxford
ISBN: 9780199599516
Release Date: 2010-07-15
Genre: Law

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 thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré 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 byusing 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.

Legal Moral and Metaphysical Truths

Author: Kimberly Kessler Ferzan
Publisher: Oxford University Press
ISBN: 9780191008979
Release Date: 2016-04-14
Genre: Law

Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.

Act and Crime

Author: Michael S. Moore
Publisher: Oxford University Press on Demand
ISBN: 9780199599509
Release Date: 2010
Genre: Law

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.

The Legacy of H L A Hart

Author: Matthew H. Kramer
Publisher: Oxford University Press on Demand
ISBN: 9780199542895
Release Date: 2008
Genre: Law

This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

Action Ethics and Responsibility

Author: Joseph Keim Campbell
Publisher: MIT Press
ISBN: 9780262014731
Release Date: 2010
Genre: Philosophy

Leading philosophers explore responsibility from a variety of perspectives, includingmetaphysics, action theory, and philosophy of law.

Liability and Responsibility

Author: Raymond Gillespie Frey
Publisher: Cambridge University Press
ISBN: 0521392160
Release Date: 1991-03-29
Genre: Law

This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.

Critical Essays on Causation and Responsibility

Author: Benedikt Kahmen
Publisher: Walter de Gruyter
ISBN: 9783110302295
Release Date: 2013-10-14
Genre: Philosophy

Moore’s Causation and Responsibility is one of the most important publications in the philosophy of law. This volume offers, for the first time, an exchange between legal and philosophical scholars over the work. It pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions. The collection is essential reading for anyone interested in legal and moral theory.

Placing Blame

Author: Michael S. Moore
Publisher: Oxford University Press, USA
ISBN: 9780199599493
Release Date: 2010
Genre: Law

Originally published: Oxford: Clarendon, 1997.

Causation in European Tort Law

Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 9781108418362
Release Date: 2017-12-28
Genre: Law

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Responsibility in Law and Morality

Author: Peter Cane
Publisher: Bloomsbury Publishing
ISBN: 9781847310262
Release Date: 2002-04-17
Genre: Law

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.

Moral Responsibility and Alternative Possibilities

Author: David Widerker
Publisher: Routledge
ISBN: 9781351916721
Release Date: 2017-09-29
Genre: Philosophy

This book explores an important issue within the free will debate: the relation between free will and moral responsibility. In his seminal article 'Alternate Possibilities and Moral Responsibility', Harry Frankfurt launched a vigorous attack on the standard conception of that relation, questioning the claim that a person is morally responsible for what she has done only if she could have done otherwise. Since then, Frankfurt's thesis has been at the center of philosophical discussions on free will and moral responsibility. Moral Responsibility and Alternative Possibilities, edited by David Widerker and Michael McKenna, draws together the most recent work on Frankfurt's thesis by leading theorists in the area of free will and responsibility. As the majority of the essays appear here for the first time, Moral Responsibility and Alternative Possibilities offers the newest developments in this important debate.

Causation in the Law

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 9780191018299
Release Date: 1985-05-16
Genre: Law

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.