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Causation and responsibility : an essay in law, morals, and metaphysics
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ISBN: 1280498528 9786613593757 0191555169 9780191555169 9780199256860 0199256861 9780199599516 0199599513 019171965X 9780191719653 0191021504 9780191021503 Year: 2010 Publisher: New York, N.Y. Oxford University Press

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Abstract

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 ofcausal 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 firstcomprehensive 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 analyzes the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticizes many of the core legalconcepts 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 argumentfor revising our understanding of the role played by causation in the attribution of legal and moral responsibility.

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