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 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.
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).
Inhaltsangabe
* List of Cases * List of Statutes * I. The Role of Causation in Moral and Legal Responsibility * 1: The Embedding of Causation in Legal Liability Doctrines * 2: Causation and Moral Blameworthiness * 3: Causation and the Permissibility of Consequentialist Justification within Agent-Relative Morality and the Law * II. Presuppositions about the Nature of Causation by Legal Doctrines * 4: The Law's Own Characterizations of its Causal Requirements * 5: The Prima Facie Demands of the Law on the Concept of Causation * 6: Pruning the Law's Demands on a Concept of Causation * III. The First Blind Alley: The Attempt to Replace Proximate Causation with Culpability as a Prerequisite for Legal Liability * 7: 'Negligence in the Air Will Not Do' * 8: Conceptual Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence * 9: Normative Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence * 10: The Descriptive Inaccuracy of the Harm-within-the- Risk Analysis as Measuring Proximate Causation * IV. The Legal Presupposition of There Being 'Intervening Causes' * 11: The Legal Doctrines of Intervening Causation * 12: The Lack of any Metaphysical Basis for the Doctrines of Intervening Causation * 13: The Superfluity of Accomplice Liability * V. The Metaphysics of Causal Relata * 14: A Prolegomenon to the Issue of Causal Relata * 15: The Facts, Events, States of Affairs, and Tropes Debate * VI. The Metaphysics of the Causal Relation * 16: Counterfactual Conditionals * 17: The Counterfactual Theory of Causation * 18: The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner * 19: Generalist Theories of Causation * 20: Singularist Theories of Causation * Appendix * Contract Law and Causation: An Illustration * Bibliography * Index
* List of Cases * List of Statutes * I. The Role of Causation in Moral and Legal Responsibility * 1: The Embedding of Causation in Legal Liability Doctrines * 2: Causation and Moral Blameworthiness * 3: Causation and the Permissibility of Consequentialist Justification within Agent-Relative Morality and the Law * II. Presuppositions about the Nature of Causation by Legal Doctrines * 4: The Law's Own Characterizations of its Causal Requirements * 5: The Prima Facie Demands of the Law on the Concept of Causation * 6: Pruning the Law's Demands on a Concept of Causation * III. The First Blind Alley: The Attempt to Replace Proximate Causation with Culpability as a Prerequisite for Legal Liability * 7: 'Negligence in the Air Will Not Do' * 8: Conceptual Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence * 9: Normative Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence * 10: The Descriptive Inaccuracy of the Harm-within-the- Risk Analysis as Measuring Proximate Causation * IV. The Legal Presupposition of There Being 'Intervening Causes' * 11: The Legal Doctrines of Intervening Causation * 12: The Lack of any Metaphysical Basis for the Doctrines of Intervening Causation * 13: The Superfluity of Accomplice Liability * V. The Metaphysics of Causal Relata * 14: A Prolegomenon to the Issue of Causal Relata * 15: The Facts, Events, States of Affairs, and Tropes Debate * VI. The Metaphysics of the Causal Relation * 16: Counterfactual Conditionals * 17: The Counterfactual Theory of Causation * 18: The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner * 19: Generalist Theories of Causation * 20: Singularist Theories of Causation * Appendix * Contract Law and Causation: An Illustration * Bibliography * Index
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