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Causation and ResponsibilityAn Essay in Law, Morals, and Metaphysics$
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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

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The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner

The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner

Chapter:
(p.426) 18 The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner
Source:
Causation and Responsibility
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199256860.003.0018

This chapter defends counterfactual dependency as a desert determiner, independent of causation. Lawyers have not been wrong in looking for such dependency as the touchstone for liability for omissions, preventions, double preventions, and cases of de minimus causal contribution. They have only been mistaken in lumping such dependencies in as a kind of causation. The thesis of the chapter is that in such cases counterfactual dependency determines moral responsibility and legal liability quite independently of causation.

Keywords:   desert-determiners, counterfactual dependency, omissions, preventions, double preventions

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