Causation and Responsibility

Causation and Responsibility : An Essay in Law, Morals, and Metaphysics

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Description

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.show more

Product details

  • Hardback | 640 pages
  • 166 x 236 x 42mm | 1,079.54g
  • Oxford University Press
  • Oxford, United Kingdom
  • English
  • New
  • 0199256861
  • 9780199256860
  • 1,496,116

About 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).show more

Review quote

The book is rigorous in its analysis, breathtaking in its scope, and masterful in its effort to apply metaphysics to morality and law. * Criminal Law and Philosophy * Causation and Responsibility bustles with proactive ideas and arguments, explored with rigorous analysis and systematically * Sandy Steel, University of Cambridge, Law Quarterly Review * My very highest recommendation-this book deserves a place on the shelf of every legal academic. * Lawrence Solum * The most comprehensive study of this topic since Hart and Honore, this work pulsates with arguments and examples, all in the service of an integrated picture of the interactions between law, morals, the philosophy of mind, and the metaphysics of causation. Moore's uncompromising realism brings a remarkable unity to his argument, and will form the starting point for any similar discussion from now onwards. * Simon Blackburn, Professor of Philosophy at the University of Cambridge * impressive and throrough * Carolina Sartorio, Mind *show more

Table of contents

LIST OF CASES; LIST OF STATUTES; I. THE ROLE OF CAUSATION IN MORAL AND LEGAL RESPONSIBILITY; II. PRESUPPOSITIONS ABOUT THE NATURE OF CAUSATION BY LEGAL DOCTRINES; III. THE FIRST BLIND ALLEY: THE ATTEMPT TO REPLACE PROXIMATE CAUSATION WITH CULPABILITY AS A PREREQUISITE FOR LEGAL LIABILITY; IV. THE LEGAL PRESUPPOSITION OF THERE BEING 'INTERVENING CAUSES'; V. THE METAPHYSICS OF CAUSAL RELATA; VI. THE METAPHYSICS OF THE CAUSAL RELATION; APPENDIX; BIBLIOGRAPHY; INDEXshow more

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