Download or read book Critical Essays on Causation and Responsibility written by Benedikt Kahmen and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.
Download or read book New Advances in Causation Agency and Moral Responsibility written by Fabio Bacchini and published by Cambridge Scholars Publishing. This book was released on 2015-01-12 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a number of previously unpublished essays that will advance the reader’s philosophical understanding of specific aspects of causation, agency and moral responsibility. These are deeply intertwined notions, and a large proportion of the volume is taken up by papers that shed light on their mutual connections or defend certain claims concerning them. The volume investigates several important questions, including: Can causation be perceived? If it can, can it be perceived in any way other than visually? Can the interventionist theory developed by James Woodward offer an adequate account of causation? Is a causal relation a necessary condition for moral responsibility? Can there be a responsibility difference without a causal difference? Are causal ascriptions based on the more primitive language game of blame ascriptions? What can be learnt from the analogy between causal interference and unbreakable processes, on one side, and motivational interferences and “unbreakable” resolutions, on the other side? How can humans be routinely considered responsible for non-deliberated omissions? Should the connection between moral responsibility and the epistemic conditions usually required for moral responsibility to be obtained be weakened? What is the connection between awareness of one’s doing and intentional action?
Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 thelegal 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 byusing 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.
Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
Download or read book Legal Moral and Metaphysical Truths written by Kimberly Kessler Ferzan and published by Oxford University Press. This book was released on 2016-04-14 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Download or read book Cause Knowledge and Responsability written by António Manuel Martins and published by LIT Verlag Münster. This book was released on 2015 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume discuss aspects of "Cause, Knowledge and Responsibility" from various theoretical points of view. The contributions provide input to intense discussions on these contested topics. The volume is based on results of the conference of the Institut International de Philosophie (IIP) in 9-13 September 2009, at the University of Coimbra.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book A Logical Theory of Causality written by Alexander Bochman and published by MIT Press. This book was released on 2021-08-17 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A general formal theory of causal reasoning as a logical study of causal models, reasoning, and inference. In this book, Alexander Bochman presents a general formal theory of causal reasoning as a logical study of causal models, reasoning, and inference, basing it on a supposition that causal reasoning is not a competitor of logical reasoning but its complement for situations lacking logically sufficient data or knowledge. Bochman also explores the relationship of this theory with the popular structural equation approach to causality proposed by Judea Pearl and explores several applications ranging from artificial intelligence to legal theory, including abduction, counterfactuals, actual and proximate causality, dynamic causal models, and reasoning about action and change in artificial intelligence. As logical preparation, before introducing causal concepts, Bochman describes an alternative, situation-based semantics for classical logic that provides a better understanding of what can be captured by purely logical means. He then presents another prerequisite, outlining those parts of a general theory of nonmonotonic reasoning that are relevant to his own theory. These two components provide a logical background for the main, two-tier formalism of the causal calculus that serves as the formal basis of his theory. He presents the main causal formalism of the book as a natural generalization of classical logic that allows for causal reasoning. This provides a formal background for subsequent chapters. Finally, Bochman presents a generalization of causal reasoning to dynamic domains.
Download or read book Causation in the Law of the World Trade Organization written by Catherine Gascoigne and published by Cambridge University Press. This book was released on 2023-08-31 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes an alternative methodology for determining causation in WTO law by drawing on causal philosophy and econometric analysis.
Download or read book Law and Autonomous Machines written by Mark Chinen and published by Edward Elgar Publishing. This book was released on 2019 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn strengthens nascent calls to grant legal and moral status to autonomous machines. This book is a valuable resource for scholars and practitioners of legal doctrine, ethics, and autonomous technologies.
Download or read book Risks and Regulation of New Technologies written by Tsuyoshi Matsuda and published by Springer Nature. This book was released on 2020-12-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we proceed with advanced research of humanities and social sciences in collaboration? What are the pressing issues of this new trend in a cataclysmic time for civilization? This book, originated with a Japan Society for the Promotion of Science (JSPS) Topic-Setting Program, addresses these challenging questions in four parts for innovating twenty-first-century humanities and social sciences. It broadens the horizon for reviewing multi-disciplinary landscapes of risks and regulation of new technologies by focusing on paradigmatic cases from the fields of life and environment. Here, genome editing for reproductive treatment and renewable energy under the constraint of climate change in Japanese and global contexts are involved. The volume comprises a combination of topics and aspects such as public policy and philosophy of science, medicine and law, climate ethics, and the economics of electricity. This edited collection will thus motivate forward-thinking readers across the diverse spectrum of social sciences and humanities to survey themes of their own interests in multi-disciplinary studies. In so doing, they can explore the evolving frontiers of those disciplines and the depths of individual contributions by experts in philosophy, ethics, law, economics, and science, technology, and society (STS), including bioscience.
Download or read book Modern Criminal Law written by A P Simester and published by Bloomsbury Publishing. This book was released on 2024-04-18 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.
Download or read book My Way written by John Martin Fischer and published by Oxford University Press on Demand. This book was released on 2006-03-02 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of John Martin Fischer's essays on free will and moral responsibility. Fischer's overall framework contains an argument for the contention that moral responsibility does not require free will in the sense that implies alternative possibilities and a sketch of a comprehensive theory of moral responsibility.
Download or read book The Capability Approach to Labour Law written by Brian Langille and published by Oxford University Press. This book was released on 2019-04-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
Download or read book Mechanical Choices written by Michael S. Moore and published by Oxford University Press. This book was released on 2020-05-08 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges--four in number--are distinguished from each other by the different neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical events in the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailed examination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Download or read book Where Responsibility Takes You written by Ilaria Canavotto and published by Springer Nature. This book was released on 2022-11-04 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the Ph.D. dissertation of Ilaria Canavotto. The thesis won the E.W. Beth Dissertation Prize in 2021 for outstanding dissertations in the fields of logic, language, and information. It combines modal logics of agency, counterfactuals, and norms in order to study the reasoning underlying ascriptions of causal responsibility, the responsibility an agent is subject to because of the states of affairs they have brought about. Ascriptions of causal responsibility involve both causal reasoning and normative reasoning. In order to provide a logical analysis of these components, the dissertation brings together two mainstream logics of actions, STIT (seeing to it that) logic and Propositional Dynamic Logic, and extends them with an analysis of causality, a Lewis-Stalnaker style analysis of counterfactuals, subject matter semantics, and deontic logic. The author uses the resulting logics to investigate a number of philosophical issues underlying ascriptions of causal responsibility and technical issues emerging from the unification of the above-mentioned formal frameworks.
Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
