Critical Essays on "Causation and Responsibility"
Critical Essays on

Author: Benedikt Kahmen

Publisher: Walter de Gruyter

Published: 2013-10-14

Total Pages: 432

ISBN-13: 3110302292

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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.

Causation and Responsibility
Causation and Responsibility

Author: Michael S. Moore

Publisher: Oxford University Press

Published: 2010-07-15

Total Pages: 635

ISBN-13: 0199599513

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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 thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré 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 byusing 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.

Causation in European Tort Law
Causation in European Tort Law

Author: Marta Infantino

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 786

ISBN-13: 1108307876

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Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

Legal, Moral, and Metaphysical Truths
Legal, Moral, and Metaphysical Truths

Author: Kimberly Kessler Ferzan

Publisher: Oxford University Press

Published: 2016-04-14

Total Pages: 868

ISBN-13: 0191008974

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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. Comprised of essays by leading scholars, this volume discusses 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, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, 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.

Where Responsibility Takes You
Where Responsibility Takes You

Author: Ilaria Canavotto

Publisher: Springer Nature

Published: 2022-11-04

Total Pages: 217

ISBN-13: 303117111X

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This book presents the Ph.D. dissertation of Ilaria Canavotto. The thesis won the E.W. Beth Dissertation Prize in 2021 for outstanding dissertations in the fields of logic, language, and information. It combines modal logics of agency, counterfactuals, and norms in order to study the reasoning underlying ascriptions of causal responsibility, the responsibility an agent is subject to because of the states of affairs they have brought about. Ascriptions of causal responsibility involve both causal reasoning and normative reasoning. In order to provide a logical analysis of these components, the dissertation brings together two mainstream logics of actions, STIT (seeing to it that) logic and Propositional Dynamic Logic, and extends them with an analysis of causality, a Lewis-Stalnaker style analysis of counterfactuals, subject matter semantics, and deontic logic. The author uses the resulting logics to investigate a number of philosophical issues underlying ascriptions of causal responsibility and technical issues emerging from the unification of the above-mentioned formal frameworks.

The Capability Approach to Labour Law
The Capability Approach to Labour Law

Author: Brian Langille

Publisher: Oxford University Press

Published: 2019-04-04

Total Pages: 437

ISBN-13: 0192573101

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Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Cause, Knowledge and Responsability
Cause, Knowledge and Responsability

Author: António Manuel Martins

Publisher: LIT Verlag Münster

Published: 2015

Total Pages: 234

ISBN-13: 3643905971

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The present volume discuss aspects of "Cause, Knowledge and Responsibility" from various theoretical points of view. The contributions provide input to intense discussions on these contested topics. The volume is based on results of the conference of the Institut International de Philosophie (IIP) in 9-13 September 2009, at the University of Coimbra.

A Logical Theory of Causality
A Logical Theory of Causality

Author: Alexander Bochman

Publisher: MIT Press

Published: 2021-08-17

Total Pages: 367

ISBN-13: 0262362244

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A general formal theory of causal reasoning as a logical study of causal models, reasoning, and inference. In this book, Alexander Bochman presents a general formal theory of causal reasoning as a logical study of causal models, reasoning, and inference, basing it on a supposition that causal reasoning is not a competitor of logical reasoning but its complement for situations lacking logically sufficient data or knowledge. Bochman also explores the relationship of this theory with the popular structural equation approach to causality proposed by Judea Pearl and explores several applications ranging from artificial intelligence to legal theory, including abduction, counterfactuals, actual and proximate causality, dynamic causal models, and reasoning about action and change in artificial intelligence. As logical preparation, before introducing causal concepts, Bochman describes an alternative, situation-based semantics for classical logic that provides a better understanding of what can be captured by purely logical means. He then presents another prerequisite, outlining those parts of a general theory of nonmonotonic reasoning that are relevant to his own theory. These two components provide a logical background for the main, two-tier formalism of the causal calculus that serves as the formal basis of his theory. He presents the main causal formalism of the book as a natural generalization of classical logic that allows for causal reasoning. This provides a formal background for subsequent chapters. Finally, Bochman presents a generalization of causal reasoning to dynamic domains.

The Oxford Handbook of Criminal Law
The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1294

ISBN-13: 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.