Author: Michael S. Moore
Publisher: Oxford University Press
Release Date: 2010-07-15
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 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 Honor--eacute--; 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.
Author: Benedikt Kahmen
Publisher: Walter de Gruyter
Release Date: 2013-10-14
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.
Author: Kimberly Kessler Ferzan
Publisher: Oxford University Press
Release Date: 2016-04-14
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.
Author: Richard Goldberg
Publisher: Bloomsbury Publishing
Release Date: 2011-10-21
The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Author: Meixian Song
Publisher: CRC Press
Release Date: 2014-06-27
Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.
Head hits cause brain damage - but not always. Should we ban sport to protect athletes? Exposure to electromagnetic fields is strongly associated with cancer development - does that mean exposure causes cancer? Should we encourage old fashioned communication instead of mobile phones to reduce cancer rates? According to popular wisdom, the Mediterranean diet keeps you healthy. Is this belief scientifically sound? Should public health bodies encourage consumption of fresh fruit and vegetables? Severe financial constraints on research and public policy, media pressure, and public anxiety make such questions of immense current concern not just to philosophers but to scientists, governments, public bodies, and the general public. In the last decade there has been an explosion of theorizing about causality in philosophy, and also in the sciences. This literature is both fascinating and important, but it is involved and highly technical. This makes it inaccessible to many who would like to use it, philosophers and scientists alike. This book is an introduction to philosophy of causality - one that is highly accessible: to scientists unacquainted with philosophy, to philosophers unacquainted with science, and to anyone else lost in the labyrinth of philosophical theories of causality. It presents key philosophical accounts, concepts and methods, using examples from the sciences to show how to apply philosophical debates to scientific problems.
Author: R A Duff
Publisher: OUP Oxford
Release Date: 2014-12-04
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Author: Ellen Frankel Paul
Publisher: Cambridge University Press
Release Date: 1999-06-28
The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyze different theories of causality and human agency, scouting for satisfactory resolutions to the controversies of free will and determinism, while some look at the problem of responsibility in the legal realm. Others explore libertarian views about political freedom and accountability, while still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions.
Author: Robert M. Pirsig
Publisher: S. Fischer Verlag
Release Date: 2013-04-11
»Dieses Buch bietet eine andere, ernsthaftere Alternative zum materiellen Erfolg an. Das heißt, es ist eigentlich weniger eine Alternative als viel-mehr eine Ausweitung der Bedeutung von ›Erfolg‹ auf etwas Größeres als das bloße Bemühen, eine gute Stellung zu finden und sich nichts zuschulden kommen zu lassen. Und auch etwas Größeres als bloße Freiheit. Es setzt ein positives Ziel, auf das man hinarbeiten kann, das einen aber nicht einengt. Das, so scheint mir, ist der Hauptgrund für den Erfolg des Buches. Es traf sich, daß die ganze Kultur genau nach dem auf der Suche war, was dieses Buch anzubieten hat.« Robert M. Pirsig
Wenn wir handeln, greifen wir in den Lauf der Welt ein und fuhren Veranderungen herbei: Akteure werden als kausale Urheber aufgefasst. Handlungen sind aber auch in naturliche Verlaufe eingebettet und haben Ursachen und Wirkungen wie andere Ereignisse. Das Buch konfrontiert die kausale Handlungstheorie, die den Handlungsbegriff mithilfe des Kausalitatsbegriffs analysiert, mit der interventionistischen Theorie der Kausalitat, derzufolge ein verstandlicher Kausalitatsbegriff die Fahigkeit des absichtlichen Eingreifens in naturliche Verlaufe voraussetzt. Das Buch spannt einen begrifflichen Rahmen auf, der der Eigenart von Handlungen Rechnung tragt, ohne dass neben der gewohnlichen Ereigniskausalitat eine zweite Art von Verursachung (Akteurskausalitat) angenommen werden muss.