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

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ISBN: OCLC:794545692
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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 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.

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.

Legal Moral and Metaphysical Truths

Author: Kimberly Kessler Ferzan
Publisher: Oxford University Press
ISBN: 9780191008962
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.

Placing Blame

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

Originally published: Oxford: Clarendon, 1997.

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.

Responsibility and Control

Author: John Martin Fischer
Publisher: Cambridge University Press
ISBN: 0521775795
Release Date: 2000
Genre: Law

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on "guidance control." This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. This major study will interest moral philosophers, legal theorists, and those in religious studies concerned with the issue of moral responsibility.

Causation in Insurance Contract Law

Author: Meixian Song
Publisher: CRC Press
ISBN: 9781317685012
Release Date: 2014-06-27
Genre: Law

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.

The Oxford Handbook of Causal Reasoning

Author: Michael Waldmann
Publisher: Oxford University Press
ISBN: 9780199399567
Release Date: 2017-03-30
Genre: Psychology

Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Although causal reasoning is a component of most of our cognitive functions, it has been neglected in cognitive psychology for many decades. The Oxford Handbook of Causal Reasoning offers a state-of-the-art review of the growing field, and its contribution to the world of cognitive science. The Handbook begins with an introduction of competing theories of causal learning and reasoning. In the next section, it presents research about basic cognitive functions involved in causal cognition, such as perception, categorization, argumentation, decision-making, and induction. The following section examines research on domains that embody causal relations, including intuitive physics, legal and moral reasoning, psychopathology, language, social cognition, and the roles of space and time. The final section presents research from neighboring fields that study developmental, phylogenetic, and cultural differences in causal cognition. The chapters, each written by renowned researchers in their field, fill in the gaps of many cognitive psychology textbooks, emphasizing the crucial role of causal structures in our everyday lives. This Handbook is an essential read for students and researchers of the cognitive sciences, including cognitive, developmental, social, comparative, and cross-cultural psychology; philosophy; methodology; statistics; artificial intelligence; and machine learning.

Causality

Author: Phyllis Illari
Publisher: OUP Oxford
ISBN: 9780191639685
Release Date: 2014-10-02
Genre: Mathematics

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.

Criminalization

Author: R A Duff
Publisher: OUP Oxford
ISBN: 9780191043369
Release Date: 2014-12-04
Genre: Law

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.

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.

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.

My Way

Author: John Martin Fischer
Publisher: Oxford University Press on Demand
ISBN: 9780195179552
Release Date: 2006-03-02
Genre: Philosophy

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.