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

by Moore, Michael S.

• ISBN13: 9780191719653
• ISBN10: 019171965X
• Format: eBook
• Copyright: 2009-05-01
• Publisher: Oxford University Press

Summary

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? Causation and Responsibility 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.
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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 analyzes the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticizes many of the core legal concepts surrounding causation - such as intervening causation, foreseeability 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 Biography

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).