Jump to ContentJump to Main Navigation
Causation and ResponsibilityAn Essay in Law, Morals, and Metaphysics$
Users without a subscription are not able to see the full content.

Michael S. Moore

Print publication date: 2009

Print ISBN-13: 9780199256860

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199256860.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 16 July 2018

The Descriptive Inaccuracy of the Harm-within-the-Risk Analysis as Measuring Proximate Causation

The Descriptive Inaccuracy of the Harm-within-the-Risk Analysis as Measuring Proximate Causation

Chapter:
(p.217) 10 The Descriptive Inaccuracy of the Harm-within-the-Risk Analysis as Measuring Proximate Causation
Source:
Causation and Responsibility
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199256860.003.0010

This chapter argues that as applied to any crimes or torts, not just those of negligence, the harm within the risk test does not address the issues that tests of proximate causation do and should address. These issues are three in number: first, issues of remoteness; second, issues of intervening causation; and third, issues of pre-existing abnormalities.

Keywords:   harm, within the risk, proximate causation, remoteness, intervening causation, pre-existing abnormalities, torts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .