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Foreseeing Harm Opaquely

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The law has developed a notion of ‘proximate causation’ to limit the reach of acts that would otherwise be the ‘cause-in-fact’ of some remote harm. A leading legal test of proximate causation is the ... More


Involuntary Crimes, Voluntarily Committed

CLAIRE FINKELSTEIN

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0007
Subject:
Law, Criminal Law and Criminology

Voluntariness is fundamental to responsibility. Where it is lacking, a person is not treated as the agent of his own bodily movements. There are several problems with looking back to a prior ... More


Interpreting the AIDS Epidemic

Jenny Trinitapoli and Alexander Weinreb

in Religion and AIDS in Africa

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195335941
eISBN:
9780199979080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195335941.003.0003
Subject:
Religion, Religion and Society

This chapter argues that AIDS in Africa, like illness in religious societies in general, is interpreted both religiously and biomedically. The chapter identifies five core characteristics of AIDS ... More


Negligence Liability

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0006
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, ... More


Remoteness

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0007
Subject:
Law, Law of Obligations

Sometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope of responsibility for wrongdoing. The dominant approach is to apply a test of reasonable foreseeability to ... More


Recasting the Common Law: The Management of Risk and Relationship

Herbert Hovenkamp

in The Opening of American Law: Neoclassical Legal Thought, 1870-1970

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199331307
eISBN:
9780190204495
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199331307.003.0008
Subject:
Law, Legal History

Classical legal theory viewed the common law as a corrective for harms occurring in the past. But in the early twentieth century the common law shifted its focus from reparation to management of ... More


Law and Behavioral Morality

Nita A. Farahany

in Evolution and Morality: NOMOS LII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814771228
eISBN:
9780814737828
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814771228.003.0004
Subject:
Political Science, Political Theory

This chapter discusses a new brand of moral philosophy called behavioral morality, particularly as it relates to the criminal law. Behavioral morality is a form of moral reasoning that focuses on the ... More


The application of concepts to contemporary examples

Frank J. Vandall

in A History of Civil Litigation: Political and Economic Perspectives

Published in print:
2010
Published Online:
May 2011
ISBN:
9780195391916
eISBN:
9780199894772
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391916.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

Georgia Power, through lobbying, was able to convince the members of the Georgia legislature to allow customers to fund the construction of a nuclear reactor. During the 2008 government bailout, the ... More


Causation

Mauro Bussani, Anthony J. Sebok, and Marta Infantino

in Common Law and Civil Law Perspectives on Tort Law

Published in print:
2022
Published Online:
May 2022
ISBN:
9780195368383
eISBN:
9780199365982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195368383.003.0007
Subject:
Law, Comparative Law

To deal with issues of factual/natural causation and of legal/proximate causation, every system has drawn up a large number of formulas and notions aiming to help courts determine whether the ... More


Putting (and Keeping) Proximate Cause in its Place

John Oberdiek

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0011
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Michael Moore powerfully argues that the doctrine of proximate cause is neither conceptually coherent nor morally desirable. This chapter defends the “risk rule” (also known as the ... More


Limits on Liability: Duty and Scope of Liability

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0006
Subject:
Psychology, Social Psychology

This chapter describes how tort law deploys the concepts of duty and scope of liability (proximate cause) to limit civil liability. Some of these limits overlap with psychological principles; others ... More


Cyber War: Law and Ethics for Virtual Conflicts

Jens David Ohlin, Kevin Govern, and Claire Finkelstein (eds)

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military ... More


Justice Has (Almost) Nothing to Do With It: Medical Malpractice and Tort Reform

David A. Hyman and Charles Silver

in Medicine and Social Justice: Essays on the Distribution of Health Care

Published in print:
2012
Published Online:
May 2015
ISBN:
9780199744206
eISBN:
9780190267551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199744206.003.0043
Subject:
Philosophy, Moral Philosophy

This chapter examines the costs and contributions of the current legal framework for seeking justice to remedy medical malpractice. Patients injured by medical treatment or misdiagnosis can sue for ... More


Directness of Claims by Foreign Companies in Remote Locations: Claims of Non-Kuwaiti Corporations

Ucheora Onwuamaegbu and Aïssatou Diop

in War Reparations and the UN Compensation Commission: Designing Compensation After Conflict

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199389735
eISBN:
9780199389759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199389735.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

The authors examine in detail the “direct loss” requirement of Security Council resolution 687, noting that in declaring that Iraq would be responsible for all direct losses resulting from its ... More


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