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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 Embedding of Causation in Legal Liability Doctrines

The Embedding of Causation in Legal Liability Doctrines

Chapter:
(p.3) 1 The Embedding of Causation in Legal Liability Doctrines
Source:
Causation and Responsibility
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199256860.003.0001

This chapter examines the actus reus requirements in tort and criminal law. The essential thesis of the chapter is that our liability scheme in both areas of law is causation-drenched, and that this is so irrespective of whether those liability doctrines use the word ‘cause’ explicitly or whether those doctrines use causative verbs of action like ‘hit’, ‘kill’, and ‘disfigure’. The chapter also argues that there are no so called ‘conduct-crimes’, crimes whose actus reus lack a causal element.

Keywords:   actus reus, causative verbs, conduct crimes, hit, kill, disfigure

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