Causation and Responsibility —— An Essay in Law, Morals, and Metaphysics

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ISBN: 9780199256860 出版年：2009 页码：634 Moore, Michael S Oxford University Press

I. THE ROLE OF CAUSATION IN MORAL AND LEGAL RESPONSIBILITY 1. The Embedding of Causation in Legal Liability Doctrines 2. Causation and Moral Blameworthiness 3. Causation and the Permissibility of Consequentialist Justification within Agent-Relative Morality and the Law II. PRESUPPOSITIONS ABOUT THE NATURE OF CAUSATION BY LEGAL DOCTRINES 4. The Law's Own Characterizations of its Causal Requirements 5. The Prima Facie Demands of the Law on the Concept of Causation 6. Pruning the Law's Demands on a Concept of Causation III. THE FIRST BLIND ALLEY: THE ATTEMPT TO REPLACE PROXIMATE CAUSATION WITH CULPABILITY AS A PREREQUISITE FOR LEGAL LIABILITY 7. 'Negligence in the Air Will Not Do' 8. Conceptual Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence 9. Normative Problems in Applying the Harm-within-the- Risk Test to Crimes/Torts of Negligence 10. The Descriptive Inaccuracy of the Harm-within-the- Risk Analysis as Measuring Proximate Causation IV. THE LEGAL PRESUPPOSITION OF THERE BEING 'INTERVENING CAUSES' 11. The Legal Doctrines of Intervening Causation 12. The Lack of any Metaphysical Basis for the Doctrines of Intervening Causation 13. The Superfluity of Accomplice Liability V. THE METAPHYSICS OF CAUSAL RELATA 14. A Prolegomenon to the Issue of Causal Relata 15. The Facts, Events, States of Affairs, and Tropes Debate VI. THE METAPHYSICS OF THE CAUSAL RELATION 16. Counterfactual Conditionals 17. The Counterfactual Theory of Causation 18. The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner 19. Generalist Theories of Causation 20. Singularist Theories of Causation APPENDIX Contract Law and Causation: An Illustration BIBLIOGRAPHY