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Causation and Responsibility - An Essay in Law, Morals, and Metaphysics (Hardcover, New)
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Causation and Responsibility - An Essay in Law, Morals, and Metaphysics (Hardcover, New)
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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 then 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 criticizes 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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