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Causation and Responsibility

  • Thomas J. Miceli

摘要

This chapter explicitly addresses the causal basis for assigning responsibility for harm. It begins by defining responsibility. One meaning is a duty to take reasonable efforts to avoid harm, and another is to suffer the consequences when harm materializes. The two meanings are linked in the sense that they establish a legally enforceable obligation. The chapter concludes by asking whether that linkage always holds, or whether there are exceptions. Specifically, can responsibility be limited even when causation is proven? And, can responsibility be expanded beyond causation? These queries form the basis for the next two parts of the book.