Causation and Responsibility

An Essay in Law, Morals, and Metaphysics

Author: Michael S. Moore

Publisher: Oxford University Press

ISBN: 0199599513

Category: Law

Page: 640

View: 4705

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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.

Critical Essays on "Causation and Responsibility"

Author: Benedikt Kahmen,Markus Stepanians

Publisher: Walter de Gruyter

ISBN: 3110302292

Category: Philosophy

Page: 431

View: 6140

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Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

Legal, Moral, and Metaphysical Truths

The Philosophy of Michael S. Moore

Author: Kimberly Kessler Ferzan,Stephen J. Morse

Publisher: Oxford University Press

ISBN: 0191008974

Category: Law

Page: 490

View: 9761

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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.

Causation in Insurance Contract Law

Author: Meixian Song

Publisher: CRC Press

ISBN: 1317685016

Category: Law

Page: 188

View: 5372

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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.

Causality

Philosophical Theory meets Scientific Practice

Author: Phyllis Illari,Federica Russo

Publisher: OUP Oxford

ISBN: 0191639680

Category: Mathematics

Page: 336

View: 9454

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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

The Political Morality of the Criminal Law

Author: R A Duff,Lindsay Farmer,S E Marshall,Massimo Renzo,Victor Tadros

Publisher: OUP Oxford

ISBN: 0191043362

Category: Law

Page: 340

View: 1657

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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.

Philosophy Bites Again

Author: David Edmonds,Nigel Warburton

Publisher: OUP Oxford

ISBN: 0191007250

Category: Philosophy

Page: 256

View: 7142

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Philosophy Bites Again is a brand new selection of interviews from the popular podcast of the same name. It offers engaging and thought-provoking conversations with leading philosophers on a selection of major philosophical issues that affect our lives. Their subjects include pleasure, pain, and humour; consciousness and the self; free will, responsibility, and punishment; the meaning of life and the afterlife. Everyone will find ideas in this book to fascinate, provoke, and inspire them. Philosophy Bites was set up in 2007 by David Edmonds and Nigel Warburton. It has, to date, over 20 million downloads, and is listened to all over the world.

Political Responsibility Refocused

Thinking Justice after Iris Marion Young

Author: Genevieve Johnson,Loralea Michaelis

Publisher: University of Toronto Press

ISBN: 1442665777

Category: Political Science

Page: 184

View: 9904

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In our highly globalized and networked society, even our most seemingly local actions can have far-reaching social, political, economic, and environmental consequences. Has this changed our moral and political obligations towards people distant from us in space and time – for instance, to generations who are not yet or no longer living, or towards those beyond the borders of our own nations? Political Responsibility Refocused explores the theoretical foundations and practical implications of individual and collective responsibility towards those who are spatially or temporally separate from us. These essays offer critical assessments of our political responsibilities on topics such as residential schools, sweatshop labour, climate change, and forms of energy generation. Inspired by the final published writings of political and social theorist Iris Marion Young, specifically her outline of a “social connection model” of political responsibility, the contributors assess whether there are practices, policies, and institutions that could meaningfully address these expanded political responsibilities.