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  1. added 2019-06-24
    Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
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  2. added 2018-11-25
    Deviant Causation and the Law.Sara Bernstein - manuscript
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
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  3. added 2018-02-02
    Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  4. added 2017-11-22
    Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
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  5. added 2017-09-28
    The NESS Account of Natural Causation: A Response to Criticisms.Richard W. Wright - 2013 - In Markus Stepanians & Benedikt Kahmen (eds.), Critical Essays on "Causation and Responsibility". De Gruyter. pp. 13-66.
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  6. added 2017-09-19
    Singular Causal Statements and Strict Deterministic Laws.Noa Latham - 1987 - Pacific Philosophical Quarterly 68 (1):29-43.
  7. added 2017-06-08
    Moore’s Truths About Causation and Responsibility: A Reply to Alexander and Ferzan. [REVIEW]Michael S. Moore - 2012 - Criminal Law and Philosophy 6 (3):445-462.
    In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly (...)
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  8. added 2017-05-23
    Causation and Explanation.Peter F. Strawson - 1985 - In Bruce Vermazen & Merrill B. Hintikka (eds.), Essays on Davidson: Actions and Events. Oxford University Press. pp. 115--35.
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  9. added 2017-03-07
    Further Thoughts on Causation Prompted By Fifteen Critics.Michael S. Moore - 2013 - In Markus Stepanians & Benedikt Kahmen (eds.), Critical Essays on "Causation and Responsibility". De Gruyter. pp. 333-416.
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  10. added 2017-02-23
    The Kishon Affair: Science, Law, and the Politics of Causation.Tal Golan - 2010 - Science in Context 23 (4):535-569.
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  11. added 2017-02-22
    A Cognitive Neuroscience Framework for Understanding Causal Reasoning and the Law.Jonathan A. Fugelsang & Kevin N. Dunbar - 2006 - In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press. pp. 157--166.
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  12. added 2017-02-22
    Causation in the Law.H. L. A. Hart & Tony Honoré - 1959 - Oxford University Press UK.
    An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
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  13. added 2017-02-15
    Causation and Responsibility: A New Direction.Matt Mortellaro - 2009 - Libertarian Papers 1:24.
    In “Property, Causality, and Liability” and “Causation and Aggression,” Hans-Hermann Hoppe and Stephan Kinsella & Patrick Tinsley, respectively, argue against the Rothbardian position on criminal liability, especially with regard to the issue of incitement. This essay takes a critical look at the suggested approaches of both and attempts to defend the Rothbardian position on incitement from their criticisms. Further, this essay examines the views of Walter Block on incitement and attempts to correct inconsistencies in his position with regard to murder (...)
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  14. added 2017-02-01
    Commonsense Causal Explanation in a Legal Domain.Rinke Hoekstra & Joost Breuker - 2007 - Artificial Intelligence and Law 15 (3):281-299.
    In this paper, we present an approach to commonsense causal explanation of stories that can be used for automatically determining the liable party in legal case descriptions. The approach is based on, a core ontology for law that takes a commonsense perspective. Aside from our thesis that in the legal domain many terms still have a strong commonsense flavour, the descriptions of events in legal cases, as e.g. presented at judicial trials, are cast in commonsense terms as well. We present (...)
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  15. added 2017-01-29
    No Such Thing as Accident: Rethinking the Relation Between Causal and Moral Responsibility.Mark R. Reiff - 2015 - Canadian Journal of Law and Jurisprudence 28:371-397.
    According to the conventional view, causal and moral responsibility have a strict hierarchical relationship. Determining causal responsibility comes first; then we sort through the factors to which we have assigned causal responsibility and determine which, if any, should be assigned moral responsibility too. Moral inquiry accordingly stands not only apart but also above causal inquiry. But I am going to argue that this way of looking at causal and moral responsibility is a mistake. Rather than being separate and independent inquires (...)
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  16. added 2017-01-27
    Hart on Responsibility.C. G. Pulman (ed.) - 2014 - Palgrave-Macmillan.
  17. added 2017-01-27
    The Nightmare and the Noble Dream: Causation and Responsibility.Richard Wright - 2008 - In Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.), The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy. Oxford University Press.
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  18. added 2017-01-25
    Causation in Personal Injury Law: The Case for a Probabilistic Approach. [REVIEW]Chris Miller - 2014 - Topoi 33 (2):1-12.
    This paper makes the case for a wider acceptance of a probabilistic approach to causation in negligence. This acceptance would help to remove much of the incoherence which has come to afflict the English law of personal injury law. This incoherence can also be found in other common law jurisdictions (notably those of the United States, Canada and Australia). Concentrating upon recent UK case law, the argument opposes the contention that ‘naked statistics’ can play no role in establishing causation. The (...)
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  19. added 2017-01-25
    Causation in the Law. By H. L. A. Hart and A. M. Honore. Oxford: The Clarendon Press, 1959. Pp. XXXII 454. 55s.R. Hancock - 1961 - American Journal of Jurisprudence 6 (1):143-152.
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  20. added 2017-01-24
    Moore's Account of Causation and Responsibility, and the Problem of Omissive Overdetermination.Phil Dowe - 2013 - Jurisprudence 4 (1):115-120.
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  21. added 2017-01-24
    M.S. Moore, Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Peter A. Graham - 2013 - Journal of Moral Philosophy 10 (2):244-246.
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  22. added 2017-01-24
    Moore on Causing, Acting, and Complicity.Gideon Yaffe - 2012 - Legal Theory 18 (4):437-458.
    In Michael Moore's important book Causation and Responsibility, he holds that causal contribution matters to responsibility independently of its relevance to action. We are responsible for our actions, according to Moore, because where there is action, we typically also find the kind of causal contribution that is crucial for responsibility. But it is causation, and not action, that bears the normative weight. This paper assesses this claim and argues that Moore's reasons for it are unconvincing. It is suggested that sometimes (...)
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  23. added 2017-01-22
    The Empiricists and Causation in Law: An Essay in Philosophy, Law, and Socio-Legal Theory.Francis O. C. Njoku - 2003 - Claretian Institute of Philosophy in Collaboration with Claretian Communications.
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  24. added 2017-01-20
    Legal Causation and Imputation in English Law (Causalité Juridique Et Imputation: Réflexions Sur Quelques Développements Récents En Droit Anglais).Stathis Banakas - unknown
    This paper, written in French, discusses legal causation in the light of recent developments in English Tort law.
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  25. added 2017-01-20
    The Nightmare and the Noble Dream : Hart and Honore on Causation and Responsibility.Richard W. Wright - 2008 - In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
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  26. added 2017-01-18
    An Ontology of Physical Causation as a Basis for Assessing Causation in Fact and Attributing Legal Responsibility.Jos Lehmann & Aldo Gangemi - 2007 - Artificial Intelligence and Law 15 (3):301-321.
    Computational machineries dedicated to the attribution of legal responsibility should be based on (or, make use of) a stack of definitions relating the notion of legal responsibility to a number of suitably chosen causal notions. This paper presents a general analysis of legal responsibility and of causation in fact based on Hart and Honoré’s work. Some physical aspects of causation in fact are then treated within the “lite” version of DOLCE foundational ontology written in OWL-DL, a standard description logic for (...)
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  27. added 2017-01-16
    Causation and Responsibility.Michael S. Moore - 2008 - Oxford University Press UK.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.
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  28. added 2017-01-14
    The Legal Mind: Essays for Tony Honore.Neil MacCormick & Peter Birks (eds.) - 1986 - Oxford University Press UK.
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  29. added 2016-12-18
    A Cognitive Neuroscience Framework for Understanding Causal Reasoning and the Law.Jonathan Fugelsang & Dunbar & Kevin - 2006 - In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press.
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  30. added 2016-12-14
    Causation and Liability in Tort Law.Desmond M. Clarke - 2014 - Jurisprudence 5 (2):217-243.
    Many recent decisions in tort law attempt to combine two conceptually incommensurable features: a traditional 'but for' test of factual causation, and the scientific or medical evidence that is required to explain how some injury occurred. Even when applied to macroscopic objects, the 'but for' test fails to identify causes, because it merely rephrases in the language of possible worlds what may be inferred from what is inductively known about the actual world. Since scientific theories explain the occurrence of events (...)
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  31. added 2016-12-14
    Causal Legal Semantics: A Critical Assessment.Brian Flanagan - 2013 - Journal of Moral Philosophy 10 (1):3-24.
    A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining legal disagreement as a function (...)
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  32. added 2016-12-14
    The Confirmation of Singular Causal Statements by Carnap’s Inductive Logic.Yusuke Kaneko - 2012 - Logica Year Book 2011.
    The aim of this paper is to apply inductive logic to the field that, presumably, Carnap never expected: legal causation. Legal causation is expressible in the form of singular causal statements; but it is distinguished from the customary concept of scientific causation, because it is subjective. We try to express this subjectivity within the system of inductive logic. Further, by semantic complement, we compensate a defect found in our application, to be concrete, the impossibility of two-place predicates (for causal relationship) (...)
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  33. added 2016-12-14
    Epidemiological Evidence in Proof of Specific Causation.Alex Broadbent - 2011 - Legal Theory 17 (4):237-278.
    This paper seeks to determine the significance, if any, of epidemiological evidence to prove the specific causation element of liability in negligence or other relevant torts—in particular, what importance can be attached to a relative risk > 2, where that figure represents a sound causal inference at the general level. The paper discusses increased risk approaches to epidemiological evidence and concludes that they are a last resort. The paper also criticizes the proposal that the probability of causation can be estimated (...)
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  34. added 2016-12-14
    Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael S. Moore - 2009 - Oxford University Press.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.
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  35. added 2016-12-13
    A Proposed Solution to the Paradox of "Causation in the Law".Frederic Stuart Baker - 1987 - Dissertation, Stanford University
    The thesis which I develop in this study is that the notion of cause which is used in law cases is defined by the purpose and scope of the legal inquiry. I attempt to clarify this thesis by analyzing the account of legal causation discussed by H. L. A. Hart and Tony Honore in their work Causation in the Law. ;H. & H. contend that in legal cases causal issues are decided according to a common-sense notion of cause which is (...)
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  36. added 2016-07-16
    Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  37. added 2016-07-09
    Right and Wrong.John-Michael Kuczynski - 2016 - Amazon Digital Services LLC.
    In this book, it is shown that moral integrity is necessary for psychological integrity and, therefore, that it is not possible to live well without living ethically. In the process of establishing this profound truth, Dr. Kuczynski explains what right and wrong are and how we know the difference between the two.
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  38. added 2016-03-17
    Necessary Connections in Context.Alex Kaiserman - 2017 - Erkenntnis 82 (1):45-64.
    This paper combines the ancient idea that causes necessitate their effects with Angelika Kratzer’s semantics of modality. On the resulting view, causal claims quantify over restricted domains of possible worlds determined by two contextually determined parameters. I argue that this view can explain a number of otherwise puzzling features of the way we use and evaluate causal language, including the difference between causing an effect and being a cause of it, the sensitivity of causal judgements to normative facts, and the (...)
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  39. added 2015-09-23
    Causal Proportions and Moral Responsibility.Sara Bernstein - 2017 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility, Volume 4. Oxford: Oxford University Press. pp. 165-182.
    This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.
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  40. added 2015-09-23
    Responsibility Regardless of Causation.Federico Faroldi - 2014 - In Bacchini, Dell'Utri & Caputo (eds.), New Advances in Causation, Agency, and Moral Responsibility. Cambridge Scholars Press.
    This paper deals with the relationship between legal responsibility and causation. I argue that legal responsibility is not necessarily rooted in causation. The general claim I aim to disprove is that responsibility is descriptive because it is fundamentally rooted in causality, and causality is metaphysically real and founded. My strategy is twofold. First, I show (in §1) that there are significant and independent non- causal form of responsibility that cannot be reduced to causal responsibility; second, in §2, I show that (...)
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  41. added 2015-09-23
    The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
  42. added 2015-07-25
    Making Causal Counterfactuals More Singular, and More Appropriate for Use in Law.Geert Keil - 2013 - In Benedikt Kahmen Markus Stepanians (ed.), Causation and Responsibility: Critical Essays. De Gruyter. pp. 157-189.
    Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he considers all (...)
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  43. added 2015-04-27
    The Good, the Bad, and the Timely: How Temporal Order and Moral Judgment Influence Causal Selection.Kevin Reuter, Lara Kirfel, Raphael van Riel & Luca Barlassina - 2014 - Frontiers in Psychology 5:1-10.
    Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later agent (...)
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  44. added 2015-04-25
    Causing Things and Doing Things.Helen Steward - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
    This paper considers and criticises what appears to be a suggestion by Hart and Honore in 'Causation in the Law' that there is a category of basic doings, which ought not themselves to be regarded as causings. It argues instead that all actions are causings by the agent.
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  45. added 2015-04-04
    HART, H. L. A. And HONORÉ, A. M. - "Causation in the Law". [REVIEW]P. Nowell-Smith - 1961 - Mind 70:553.
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  46. added 2015-03-24
    Tony Honore, Responsibility and Fault.Sinnott-Armstrong Walter - 2001 - Law and Philosophy 20 (1):103-106.
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  47. added 2015-03-22
    Causation, Fault, and Responsibility: Hart and Honoré's Legacy.Filippo Santoni de Sio - 2008 - Rivista di Filosofia 99 (2):263-290.
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  48. added 2015-03-18
    Causation Outside the Law.Hyman Gross & Ross Harrison - unknown
    In their important book, Causation in the Law, H. L. A. Hart and Tony Honore argue that causation in the law is based on causation outside the law, that the causal principles the courts rely on to determine legal responsibility are based on distinctions exercised in ordinary causal judgments. A distinction that particularly concerns them is one that divides factors that are necessary or sine qua non for an effect into those that count as causes for purposes of legal responsibility (...)
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  49. added 2014-12-07
    Voluntary Interventions.C. G. Pulman - 2014 - In Hart on Responsibility. Palgrave-Macmillan.
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  50. added 2014-12-07
    'Introduction'.C. G. Pulman - 2014 - In Hart on Responsibility. Palgrave-Macmillan.
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