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.
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An Essay in Law, Morals, and Metaphysics
Produktdetaljer
ISBN
9780191021503
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter