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.
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: 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: John Martin Fischer
Publisher: OUP USA
Release Date: 2012-01-12
Fischer here defends the contention that moral responsibility is associated with "deep control", which is "in-between" two untenable extreme positions: "superficial control" and "total control". He defends this "middle way" against the proponents of more--and less--robust notions of the freedom required for moral responsibility. Fischer offers a new solution to the Luck Problem, as well as providing a defense of the compatibility of causal determinism and moral responsibility.
Author: John Martin Fischer
Publisher: Oxford University Press on Demand
Release Date: 2006-03-02
A collection of John Martin Fischer's essays on free will and moral responsibility. Fischer's overall framework contains an argument for the contention that moral responsibility does not require free will in the sense that implies alternative possibilities and a sketch of a comprehensive theory of moral responsibility.