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  1. Negligent Algorithmic Discrimination.Andrés Páez - manuscript
    The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...)
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  2. Deviant Causation and the Law.Sara Bernstein - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    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. 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. Cause, "Cause", and Norm.John Schwenkler & Eric Sievers - forthcoming - In Pascale Willemsen & Alex Wiegmann (eds.), Advances in Experimental Philosophy of Causation.
    This chapter presents a series of experiments that elicit causal judgments using statements that do not include the verb "to cause". In particular, our interest is in exploring the extent to which previously observed effects of normative considerations on agreement with what we call "cause"-statements, i.e. those of the form "X caused ..." extend as well to those of the form "X V-ed Y", where V is a lexical causative. Our principal finding is that in many cases the effects do (...)
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  5. Causation, Responsibility, and Typicality.Justin Sytsma - forthcoming - Review of Philosophy and Psychology:1-21.
    There is ample evidence that violations of injunctive norms impact ordinary causal attributions. This has struck some as deeply surprising, taking the ordinary concept of causation to be purely descriptive. Our explanation of the findings—the responsibility view—rejects this: we contend that the concept is in fact partly normative, being akin to concepts like responsibility and accountability. Based on this account, we predicted a very different pattern of results for causal attributions when an agent violates a statistical norm. And this pattern (...)
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  6. Rechtsontologie. Eine Untersuchung über Entstehung, Existenz und Begründung von Recht.Ferreira Leite de Paula - 2020 - Wiesbaden, Germany: Springer.
    Die Rechtsontologie ist eine Analyse der Existenzweise des Rechts und seiner kausalen und rechtfertigenden Verhältnisse mit anderen Seinsbereichen, vor allem Natur und Kultur. Es wird dargestellt, wie Rechtsnormen und -begriffe in Kausalzusammenhängen mit der menschlichen biologischen Natur und mit der darauf aufbaudenden Kultur existieren. Berücksichtigt werden geistige, materielle, soziale, institutionelle und normative Aspekte der Existenz von Rechtsordnugen und des Naturrechts. Grundkategorien der Ontologie und Epistemologie wie Ursache, Grund, Motiv, Argument, Bewusstsein und Zweck werden hinsichtlich ihrer Bedeutung für die Rechtsphilosophie ausführlich (...)
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  7. Multiple Reasonable Behaviors Cases: The Problem of Causal Underdetermination in Tort Law.Maytal Gilboa - 2019 - Legal Theory 25 (2):77-104.
  8. 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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  9. Committing Crimes with BCIs: How Brain-Computer Interface Users Can Satisfy Actus Reus and Be Criminally Responsible.Kramer Thompson - 2019 - Neuroethics 1:1-12.
    Brain-computer interfaces allow agents to control computers without moving their bodies. The agents imagine certain things and the brain-computer interfaces read the concomitant neural activity and operate the computer accordingly. But the use of brain-computer interfaces is problematic for criminal law, which requires that someone can only be found criminally responsible if they have satisfied the actus reus requirement: that the agent has performed some (suitably specified) conduct. Agents who affect the world using brain-computer interfaces do not obviously perform any (...)
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  10. Causes, Enablers and the Law.Michelle B. Cowley-Cunningham - 2018 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...)
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  11. 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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  12. 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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  13. 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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  14. 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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  15. 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. 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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  17. 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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  18. The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
  19. 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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  20. Hart on Responsibility.C. G. Pulman (ed.) - 2014 - Palgrave-Macmillan.
  21. 'Introduction'.C. G. Pulman - 2014 - In Hart on Responsibility. Palgrave-Macmillan.
  22. Voluntary Interventions.C. G. Pulman - 2014 - In Hart on Responsibility. Palgrave-Macmillan.
  23. 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 (1336):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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  24. 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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  25. Legal Responsibility and Scalar Causation. [REVIEW]Helen Beebee - 2013 - Jurisprudence 4 (1):102-137.
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  26. 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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  27. 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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  28. 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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  29. 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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  30. 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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  31. 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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  32. Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  33. “Moore or Less” Causation and Responsibility: Reviewing Michael S. Moore, Causation and Responsibility: An Essay in Law, Morals and Metaphysics.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (1):81-92.
  34. Intended and Merely Foreseen Consequences: The Psychology of the ‘Cause or Allow’ Offence.Michelle B. Cowley-Cunningham - 2012 - SSRN E-Library Maurer School of Law's Law and Society Series | Media Summary, SLSA Newsletter, Spring Issue, 2012.
    Intended and merely foreseen consequences: The psychology of the ‘cause or allow’ offence. A short report for the Socio-Legal Community on ESRC Grant RES-000-22-3114.
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  35. 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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  36. 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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  37. Disconnection and Responsibility.Jonathan Schaffer - 2012 - Legal Theory 18 (4):399-435.
    Michael Moore’s Causation and Responsibility offers an integrated conception of the law, morality, and metaphysics, centered on the notion of causation, grounded in a detailed knowledge of case law, and supported on every point by cogent argument. This is outstanding work. It is a worthy successor to Harte and Honoré’s classic Causation in the Law, and I expect that it will guide discussion for many years to come.
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  38. 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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  39. 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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  40. Foresight and Reasonable Prevention in Child Protection Contexts: Evaluating Foresee-Ability Relevant to Section 5 of the Domestic Violence, Crime, & Victims Act UK.Michelle B. Cowley-Cunningham - 2011 - ESRC E-Policy 2011/2019 Public Copy.
    This focus report presents a critical evaluation of the problems that the psychology of intent and foresight present to legal framework building for the protection of children in contemporary society. The report examines current public survey data on the role of intent and foresight in attributions of punishment and responsibility across: (i) contexts relevant to prior conviction evidence and disclosure (Ch. 11, Criminal Justice Act, 2003); and (ii) foresight and reasonable prevention when a child has died (Section 5, Domestic Violence, (...)
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  41. More on the Conceptual and the Empirical: Misunderstandings, Clarifications, and Replies. [REVIEW]Michael S. Pardo & Dennis Patterson - 2011 - Neuroethics 4 (3):215-222.
    At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...)
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  42. Minds, Brains, and Norms.Dennis Patterson - 2011 - Neuroethics 4 (3):179-190.
    Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...)
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  43. Normativity, Fairness, and the Problem of Factual Uncertainty.Andrew Botterell & Chris Essert - 2010 - Osgoode Hall Law Journal 47 (4):663-693.
    This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law’s insistence that fair terms of interaction be maintained between individuals—a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation—sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, (...)
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  44. The Kishon Affair: Science, Law, and the Politics of Causation.Tal Golan - 2010 - Science in Context 23 (4):535-569.
    ArgumentThis article describes how science and law were called upon to resolve a controversy that created a painful rift between the Israeli State and some of its elite soldiers. The controversy, which came to be known as “the Kishon affair,” erupted in 2000, when veterans of an elite and secretive unit in the Israeli navy claimed that pollution in the Kishon River where they had trained and dived during their military service had been the cause of a rash of cancers. (...)
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  45. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  46. Contrastive Causation in the Law.Jonathan Schaffer - 2010 - Legal Theory 16 (4):259-297.
    What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...)
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  47. Fact and Law in the Causal Inquiry.Alex Broadbent - 2009 - Legal Theory 15 (3):173-191.
    This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...)
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  48. 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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  49. 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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  50. Internationalism and Global Norms for Neuroethics.Stephen J. Toope - 2009 - American Journal of Bioethics 9 (1):1 – 2.
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