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Causation and Responsibility
An Essay in Law, Morals, and Metaphysics
Michael S. Moore
636 pages
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234x156mm
978-0-19-925686-0
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Hardback
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22 January 2009
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- Provides the fullest account available of the philosophical foundations of the law of causation, clarifying its role in attributing responsibility
- Develops from the philosophical analysis a powerful case for reforming the law in several key areas, including intervening causation and forseeability of harm
- Presents a compelling argument against the use of risk analysis as an alternative to causation
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 the legal 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 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.Readership: Academics and advanced students in the philosophy of law, particularly specialists in the theory of criminal and tort law. Moral philosophers studying responsibility, and its relation to causation. Philosophers studying the metaphysics of causation.
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Michael S. Moore, Charles R. Walgreen, Jr. University Professor, University of Illinois
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"impressive and throrough" - Carolina Sartorio, Mind "The most comprehensive study of this topic since Hart and Honoré, this work pulsates with arguments and examples, all in the service of an integrated picture of the interactions between law, morals, the philosophy of mind, and the metaphysics of causation. Moore's uncompromising realism brings a remarkable unity to his argument, and will form the starting point for any similar discussion from now onwards." - Simon Blackburn, Professor of Philosophy at the University of Cambridge "My very highest recommendation-this book deserves a place on the shelf of every legal academic." - Lawrence Solum "Causation and Responsibility
bustles with proactive ideas and arguments, explored with rigorous analysis and systematically" - Sandy Steel, University of Cambridge, Law Quarterly Review "The book is rigorous in its analysis, breathtaking in its scope, and masterful in its effort to apply metaphysics to morality and law." - Criminal Law and Philosophy
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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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