“Moore or Less” Causation and Responsibility
Rent the article at a discountRent now
* Final gross prices may vary according to local VAT.Get Access
What makes someone responsible for a prohibited result? Traditionally, those who believe results matter morally and legally have looked at the matter this way: If the actor acts culpably vis-à-vis the result—the result is her purpose in acting, or she believes to a practical certainty that the result will occur if she acts, or believes that the result’s occurrence is sufficiently likely—and if the result does occur and would not have occurred but for her culpable act (counterfactual dependence), then she is responsible for that result.
Antony Duff argues that moral responsibility is strict, so all that is required is causation, but the transition from moral responsibility (being called to answer for one’s act) to moral liability requires culpability. On the other hand, Duff argues that for the criminal law, criminal responsibility requires both causation and culpability (Duff 2007).
There were two qualifications attached to this view, however. First, the view did not produce the intuitiv ...
- Alexander, L. (forthcoming). Michael Moore and the Mysteries of causation in the Law. Rutgers Law Journal, 42.
- Alexander, L., Ferzan, K. K., & Morse, S. J. (2009). Crime and culpability: A theory of criminal law. Cambridge, New York: Cambridge University Press.
- Berry v. Borough of Sugar Notch, 43 A. 240 (Pa. 1899).
- Broadbent, A. (2011). Book review. Ethics, 121, 669–674. CrossRef
- Duff, R. A. (2007). Answering for crime: Responsibility and liability in criminal law. Oxford and Portland, OR: Hart.
- Hart, H. L. A., & Honore, T. (1985). Causation in the law (2nd ed.). Oxford: Oxford University Press.
- Kessler, K. D. (1994). The role of luck in the criminal law. University of Pennsylvania Law Review, 142, 2183–2238. CrossRef
- Moore, M. S. (1993). Foreseeing harm opaquely. In J. Gardner, et al. (Eds.), Action and value in criminal law. Oxford: Oxford University Press.
- Moore, M. S. (forthcoming). Causation revisited. Rutgers Law Journal, 42.
- People v. Acosta, 284 Cal. Rptr. 117 (Cal. Ct. App. 1991).
- Rosen, G. (forthcoming). Causation, counterfactual dependence and culpability: Moral philosophy in Michael Moore’s causation and responsibility. Rutgers Law Journal, 42.
- Regina v. Dudley and Stephens, 14 Q.B.D. 273 (1884).
- “Moore or Less” Causation and Responsibility
Criminal Law and Philosophy
Volume 6, Issue 1 , pp 81-92
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Industry Sectors