Critical Essays On Causation And Responsibility

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Critical Essays on "Causation and Responsibility"

Benedikt Kahmen,Markus Stepanians
Critical Essays on Causation and Responsibility Book PDF

Author : Benedikt Kahmen,Markus Stepanians
Publisher : Walter de Gruyter
Page : 432 pages
File Size : 41,8 Mb
Release : 2013-10-14
Category : Philosophy
ISBN : 9783110302295

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Critical Essays on "Causation and Responsibility" by Benedikt Kahmen,Markus Stepanians Pdf

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.

New Advances in Causation, Agency and Moral Responsibility

Fabio Bacchini,Stefano Caputo
New Advances in Causation Agency and Moral Responsibility Book PDF

Author : Fabio Bacchini,Stefano Caputo
Publisher : Cambridge Scholars Publishing
Page : 260 pages
File Size : 51,5 Mb
Release : 2015-01-12
Category : Philosophy
ISBN : 9781443873567

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New Advances in Causation, Agency and Moral Responsibility by Fabio Bacchini,Stefano Caputo Pdf

This volume brings together a number of previously unpublished essays that will advance the reader’s philosophical understanding of specific aspects of causation, agency and moral responsibility.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?

Causation in European Tort Law

Marta Infantino,Eleni Zervogianni
Causation in European Tort Law Book PDF

Author : Marta Infantino,Eleni Zervogianni
Publisher : Cambridge University Press
Page : 785 pages
File Size : 46,9 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781108418362

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Causation in European Tort Law by Marta Infantino,Eleni Zervogianni Pdf

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Legal, Moral, and Metaphysical Truths

Kimberly Kessler Ferzan,Stephen J. Morse
Legal Moral and Metaphysical Truths Book PDF

Author : Kimberly Kessler Ferzan,Stephen J. Morse
Publisher : Oxford University Press
Page : 490 pages
File Size : 53,9 Mb
Release : 2016-04-14
Category : Law
ISBN : 9780191008979

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Legal, Moral, and Metaphysical Truths by Kimberly Kessler Ferzan,Stephen J. Morse Pdf

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.

Cause, Knowledge and Responsability

António Manuel Martins
Cause Knowledge and Responsability Book PDF

Author : António Manuel Martins
Publisher : LIT Verlag Münster
Page : 234 pages
File Size : 40,5 Mb
Release : 2015
Category : Philosophy
ISBN : 9783643905970

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Cause, Knowledge and Responsability by António Manuel Martins Pdf

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.

The Oxford Handbook of Criminal Law

Markus D Dubber,Tatjana Hörnle
The Oxford Handbook of Criminal Law Book PDF

Author : Markus D Dubber,Tatjana Hörnle
Publisher : OUP Oxford
Page : 1100 pages
File Size : 53,9 Mb
Release : 2014-11-27
Category : Law
ISBN : 9780191654602

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The Oxford Handbook of Criminal Law by Markus D Dubber,Tatjana Hörnle Pdf

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.

A Logical Theory of Causality

Alexander Bochman
A Logical Theory of Causality Book PDF

Author : Alexander Bochman
Publisher : MIT Press
Page : 367 pages
File Size : 40,7 Mb
Release : 2021-08-17
Category : Computers
ISBN : 9780262362245

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A Logical Theory of Causality by Alexander Bochman Pdf

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.

Causation in the Law of the World Trade Organization

Catherine Gascoigne
Causation in the Law of the World Trade Organization Book PDF

Author : Catherine Gascoigne
Publisher : Cambridge University Press
Page : 297 pages
File Size : 50,5 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781316511305

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Causation in the Law of the World Trade Organization by Catherine Gascoigne Pdf

Proposes an alternative methodology for determining causation in WTO law by drawing on causal philosophy and econometric analysis.

Risks and Regulation of New Technologies

Tsuyoshi Matsuda,Jonathan Wolff,Takashi Yanagawa
Risks and Regulation of New Technologies Book PDF

Author : Tsuyoshi Matsuda,Jonathan Wolff,Takashi Yanagawa
Publisher : Springer Nature
Page : 313 pages
File Size : 45,9 Mb
Release : 2020-12-01
Category : Law
ISBN : 9789811586897

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Risks and Regulation of New Technologies by Tsuyoshi Matsuda,Jonathan Wolff,Takashi Yanagawa Pdf

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.

Modern Criminal Law

A P Simester
Modern Criminal Law Book PDF

Author : A P Simester
Publisher : Bloomsbury Publishing
Page : 333 pages
File Size : 44,6 Mb
Release : 2024-04-18
Category : Social Science
ISBN : 9781509956166

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Modern Criminal Law by A P Simester Pdf

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.

Law and Autonomous Machines

Mark Chinen
Law and Autonomous Machines Book PDF

Author : Mark Chinen
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 44,6 Mb
Release : 2019
Category : Law
ISBN : 9781786436597

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Law and Autonomous Machines by Mark Chinen Pdf

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.

Contributory Fault and Investor Misconduct in Investment Arbitration

Martin Jarrett
Contributory Fault and Investor Misconduct in Investment Arbitration Book PDF

Author : Martin Jarrett
Publisher : Cambridge University Press
Page : 207 pages
File Size : 54,8 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108481403

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Contributory Fault and Investor Misconduct in Investment Arbitration by Martin Jarrett Pdf

Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Natural Laws as Dispositions

Florian Fischer
Natural Laws as Dispositions Book PDF

Author : Florian Fischer
Publisher : Walter de Gruyter GmbH & Co KG
Page : 173 pages
File Size : 55,5 Mb
Release : 2018-09-10
Category : Science
ISBN : 9783110594843

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Natural Laws as Dispositions by Florian Fischer Pdf

The book provides a novel account of laws of nature via dispositions. Laws of nature play a paramount role in philosophy, science and everyday life. Understanding laws of nature is philosophically interesting on its own right but also many important notions belonging to philosophy of science, like causation, prediction and explanation, are intimately related to the laws of nature. The book outlines the alleged characteristics of the laws of nature and introduces the main families of theories of laws of nature – neo-humean, ADT and dispositional theories. It then develops an account of dispositions the `triadic process picture of dispositions’ (TPD) and applies it to the debate about laws of nature. Finally, the (TPD) account of the necessity of the laws of nature is presented: laws of nature are naturally necessary and metaphysically contingent. Thus the book provides an introduction to the debates about laws of nature as well as dispositions, while at the same time developing a novel theory and thus is interesting for the beginner as well as expert in these fields.

The Capability Approach to Labour Law

Brian Langille
The Capability Approach to Labour Law Book PDF

Author : Brian Langille
Publisher : Oxford University Press
Page : 368 pages
File Size : 53,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9780192573094

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The Capability Approach to Labour Law by Brian Langille Pdf

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.

Mechanical Choices

Michael S. Moore
Mechanical Choices Book PDF

Author : Michael S. Moore
Publisher : Oxford University Press
Page : 613 pages
File Size : 46,9 Mb
Release : 2020-05-08
Category : Law
ISBN : 9780190864019

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Mechanical Choices by Michael S. Moore Pdf

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.