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Michael Moore
San Francisco State University
  1. Placing Blame: A Theory of the Criminal Law.Michael S. Moore - 1997 - Oxford University Press.
    Originally published: Oxford: Clarendon, 1997.
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  2.  93
    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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  3. 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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  4. Placing Blame a General Theory of the Criminal Law.Michael S. Moore - 1997
     
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  5.  28
    The Hohfeldian Analysis of Rights.Heidi M. Hurd & Michael S. Moore - 2018 - American Journal of Jurisprudence 63 (2):295-354.
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  6. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  7. Act and Crime: The Philosophy of Action and its Implications for Criminal Law.Michael S. Moore - 1993 - Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  8. Causation and Responsibility*: MICHAEL S. MOORE.Michael S. Moore - 1999 - Social Philosophy and Policy 16 (2):1-51.
    In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we have caused by the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “ caused … abuse to the child….” More often, the causal element in criminal liability is (...)
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  9. Choice, Character, and Excuse*: MICHAEL S. MOORE.Michael S. Moore - 1990 - Social Philosophy and Policy 7 (2):29-58.
    Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general (...)
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  10.  19
    Blaming the Stupid, Clumsy, Selfish and Weak: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: an unexercised capacity to have adverted to the risk; a defect in character explaining why one did not advert (...)
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  11. Law as a Functional Kind.Michael S. Moore - 1992 - In Robert P. George (ed.), Natural Law Theory: Contemporary Essays. Oxford University Press.
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  12. The Quest for a Responsible Responsibility Test: Norwegian Insanity Law After Breivik.Michael S. Moore - 2015 - Criminal Law and Philosophy 9 (4):645-693.
    The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...)
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  13.  35
    Educating Oneself in Public: Critical Essays in Jurisprudence.Michael S. Moore - 2000 - Oxford University Press.
    This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...)
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  14.  30
    The Various Relations Between Law and Morality in Contemporary Legal Philosophy.Michael S. Moore - 2012 - Ratio Juris 25 (4):435-471.
    This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in (...)
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  15. Patrolling the Borders of Consequentialist Justifications: The Scope of Agent-Relative Restrictions. [REVIEW]Michael S. Moore - 2007 - Law and Philosophy 27 (1):35 - 96.
  16.  80
    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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  17.  31
    Four Friendly Critics: A Response: Four Friendly Critics: A Response.Michael S. Moore - 2012 - Legal Theory 18 (4):491-542.
    In this reply, I seek to summarize fairly the criticisms advanced by each of my four critics, Jonathan Schaffer, Gideon Yaffe, John Gardner, and Carolina Sartorio. That there is so little overlap either in the aspects of the book on which they focus or in the arguments they advance about those issues has forced me to reply to each of them separately. Schaffer focuses much of his criticisms on my view that absences cannot serve as causal relata and argues that (...)
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  18.  25
    Stephen Morse on the Fundamental Psycho-Legal Error.Michael S. Moore - 2016 - Criminal Law and Philosophy 10 (1):45-89.
    Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s thesis (...)
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  19.  55
    Responsible Choices, Desert-Based Legal Institutions, and the Challenges of Contemporary Neuroscience.Michael S. Moore - 2012 - Social Philosophy and Policy 29 (1):233-279.
    Research Articles Michael S. Moore, Social Philosophy and Policy, FirstView Article.
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  20. Law as Justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  21.  85
    Legal Reality: A Naturalist Approach to Legal Ontology. [REVIEW]Michael S. Moore - 2002 - Law and Philosophy 21 (6):619 - 705.
  22.  16
    Libet's Challenge (s) to Responsible Agency.Michael S. Moore - 2010 - In Walter Sinnott-Armstrong & Lynn Nadel (eds.), Conscious Will and Responsibility: A Tribute to Benjamin Libet. Oup Usa. pp. 207.
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  23. Good Without God.Michael S. Moore - 2001 - In Robert George (ed.), Natural Law, Liberalism, and Morality: Contemporary Essays. Oxford University Press.
  24.  10
    Legal Reality: A Naturalist Approach to Legal Ontology.Michael S. Moore - 2002 - Law and Philosophy 21 (6):619-705.
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  25.  11
    Negligence in the Air.Michael S. Moore & Heidi M. Hurd - 2002 - Theoretical Inquiries in Law 3 (2).
    The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...)
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  26.  16
    Madness and the Criminal Law.Michael S. Moore - 1986 - Noûs 20 (2):268-269.
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  27.  6
    Liberty and the Constitution.Michael S. Moore - 2015 - Legal Theory 21 (3-4):156-241.
    ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be coerced (...)
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  28.  13
    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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  29.  61
    Some Myths About 'Mental Illness'.Michael S. Moore - 1975 - Inquiry: An Interdisciplinary Journal of Philosophy 18 (3):233 – 265.
    Radical psychiatrists and others assert that mental illness is a myth. The opening and closing portions of the paper deal with the impact such argument has had in law and psychiatry. The body of the paper discusses the five versions of the myth argument prevalent in radical psychiatry: (A) that there is no such thing as mental illness; (B) that those called ?mentally ill? are really as rational as everyone else, only with different aims; that the only reasons anyone ever (...)
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  30.  13
    Yaffe's Attempts.Michael S. Moore - 2013 - Legal Theory 19 (2):136-177.
    Yaffe's handling of two general questions is assessed in this review. The first question is why mere attempts (as opposed to successful wrongdoing) should be made punishable in a well-conceived criminal code. The second question is how attempt liability should be conceived in such a code. As to the first question, Yaffe's nonsubstantive mode of answering it (in terms of his ) is contrasted to answers based on some more substantive desert-bases; Yaffe's own more substantive kind of answer (in terms (...)
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  31. Objectivity in Ethics and Law.Michael S. Moore - 2004
     
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  32. Joshua, Judges, Ruth.J. Gordon Harris, Cheryl A. Brown & Michael S. Moore - 2000
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  33.  13
    Replying to Halpin and Kramer: Agreements, Disagreements and No-Agreements.Heidi M. Hurd & Michael S. Moore - 2019 - American Journal of Jurisprudence 64 (2):259-274.
    The article considers in detail one criticism of an earlier paper of ours advanced by both Matthew Kramer and Andrew Halpin. This is the criticism that the content of deontic statuses does not shift but is identical in truly correlatively-related deontic statuses. We argue that the content does shift in both our scheme and in Hohfeld's scheme for the logic of rights, and that such shifts are both good things and consistent with correlativity, properly understood. Miscellaneous other criticisms are also (...)
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  34.  8
    The Ethical Implications of Proportioning Punishment to Deontological Desert.Heidi M. Hurd & Michael S. Moore - forthcoming - Criminal Law and Philosophy:1-20.
    This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.
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  35.  21
    Untying the Gordian Knot of Mens Rea Requirements for Accomplices.Heidi M. Hurd & Michael S. Moore - 2016 - Social Philosophy and Policy 32 (2):161-183.
    :This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...)
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  36.  20
    The Determinist Theory of Excuses:Madness and the Criminal Law. Norval Morris.Michael S. Moore - 1985 - Ethics 95 (4):909-.
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  37.  3
    Addiction and Responsibility.Michael S. Moore - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 13-44.
    While addiction is not a legal defense in any legal system, the chapter assays whether it should be. The conclusion is largely negative, denying that there should be any general defense but allowing that in certain cases at least a partial defense would be appropriate. The chapter rejects the shibboleths commonly asserted in this area: that no addict can be excused because he or she was responsible for becoming an addict in the first place and that all addicts must be (...)
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  38.  1
    Book Review: Goddesses in Religions and Modern Debate; In the Wake of the Goddesses: Women, Culture, and the Biblical Transformation of Pagan Myth. [REVIEW]Michael S. Moore - 1993 - Interpretation: A Journal of Bible and Theology 47 (2):178-181.
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  39. Mechanical Choices: The Responsibility of the Human Machine.Michael S. Moore - 2020 - Oup Usa.
    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.
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  40.  4
    Relating Neuroscience to Responsibility: Comments on Hirstein, Sifferd, and Fagan’s Responsible Brains.Michael S. Moore - forthcoming - Criminal Law and Philosophy.
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  41.  8
    Review: The Determinist Theory of Excuses. [REVIEW]Michael S. Moore - 1985 - Ethics 95 (4):909 - 919.
  42.  1
    Semantics, Metaphysics, and Objectivity in the Law.Michael S. Moore - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law: Philosophical and Legal Perspectives. Oxford University Press.
    The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover (...)
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  43.  51
    The Destruction of the World Trade Center and the Law on Event-Identity: Michael S. Moore.Michael S. Moore - 2004 - Royal Institute of Philosophy Supplement 55:259-342.
    September 11, 2001 brought to legal awareness an issue that has long puzzled metaphysicians. The general issue is that of event-identity, drawing the boundaries of events so that we can tell when there is one event and when there are two. The September 11th version of that issue is: how many occurrences of insured events were there on September 11, 2001 in New York? Was the collapse of the two World Trade Center Towers one event, despite the two separate airliners (...)
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  44.  30
    The Elusive Quest for a Constitutional Right to Liberty.Michael S. Moore - unknown
    Professor Michael S. Moore, Charles R. Walgreen, Jr. Chair and Co-Director, Program in Law and Philosophy at the University of Illinois College of Law, delivered Duke Law's Annual Brainerd Currie Memorial Lecture entitled "The Elusive Quest for a Constitutional Right to Liberty." One of the country's most prominent authorities on the intersection of law and philosophy, he has published eight books and some 60 major articles, which have appeared in the country's top law reviews and peer reviewed journals in philosophy (...)
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  45. The Interpretive Turn in Modern Theory a Turn for the Worse?Michael S. Moore - 1988 - Faculty of Law, University of Toronto.
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  46.  17
    The Strictness of Strict Liability.Michael S. Moore - 2018 - Criminal Law and Philosophy 12 (3):513-529.
    This article conceptualizes what strict liability is in the criminal law. Four properties are found to be individually necessary, only jointly sufficient, for there to be the kind of moral blameworthiness that must underlie any just punishment: prima facie wrongdoing, absence of justification, prima facie culpability, and absence of excuse. Whenever criminal liability is imposed without the presence of one or more of these properties, the liabuility is said to be strict.
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    Madness and the Criminal Law.Michael S. Moore - 1985 - Ethics 95 (4):909-919.
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