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Causation and Responsibility - An Essay in Law, Morals, and Metaphysics (Paperback)
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Causation and Responsibility - An Essay in Law, Morals, and Metaphysics (Paperback)
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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 the legal doctrine on these questions
is confused and incoherent, and offers the first comprehensive
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 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.
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