19 Pages Posted: 9 Sep 2011
Date Written: September 8, 2011
Michael Moore believes that causation of harm is central to criminal desert, and he believes that whether or not a criminal defendant has caused a harm is a metaphysical question rather than a matter of policy. I do not believe in the materiality of causation to criminal desert, but in this article I assume that causation is material and asked whether Moore has satisfactorily resolved the stock vexing questions by recourse to metaphysics. I conclude that he has not, and his scalar notion of causation, and his substitution of counterfactual dependence for causation in cases of omissions and prevention, produces counterintuitive results.
Keywords: causation, counterfactual dependence, scalar
JEL Classification: K10
Suggested Citation: Suggested Citation
Alexander, Larry, Michael Moore and the Mysteries of Causation in the Law (September 8, 2011). Rutgers Law Journal, Forthcoming; San Diego Legal Studies Paper No. 11-063. Available at SSRN: https://ssrn.com/abstract=1924437