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  1. Placing blame: a theory of the criminal law.Michael S. Moore - 1997 - New York: Oxford University Press.
    Originally published: Oxford: Clarendon, 1997.
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  2. Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael S. Moore - 2009 - Oxford University Press.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.
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  3.  13
    Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael S. Moore - 2008 - Oxford University Press UK.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.
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  4. Act and Crime: The Philosophy of Action and its Implications for Criminal Law.Michael S. Moore - 1993 - Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  5.  83
    Null.Doohwan Ahn, Sanda Badescu, Giorgio Baruchello, Raj Nath Bhat, Laura Boileau, Rosalind Carey, Camelia-Mihaela Cmeciu, Alan Goldstone, James Grieve, John Grumley, Grant Havers, Stefan Höjelid, Peter Isackson, Marguerite Johnson, Adrienne Kertzer, J.-Guy Lalande, Clinton R. Long, Joseph Mali, Ben Marsden, Peter Monteath, Michael Edward Moore, Jeff Noonan, Lynda Payne, Joyce Senders Pedersen, Brayton Polka, Lily Polliack, John Preston, Anthony Pym, Marina Ritzarev, Joseph Rouse, Peter N. Saeta, Arthur B. Shostak, Stanley Shostak, Marcia Landy, Kenneth R. Stunkel, I. I. I. Wheeler & Phillip H. Wiebe - 2009 - The European Legacy 14 (6):731-771.
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  6. Causation and Responsibility.Michael S. Moore - 1999 - Social Philosophy and Policy 16 (2):1-51.
    In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...)
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  7.  33
    Relating Neuroscience to Responsibility: Comments on Hirstein, Sifferd, and Fagan’s Responsible Brains.Michael S. Moore - 2022 - Criminal Law and Philosophy 16 (2):283-298.
    The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.
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  8. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  9.  15
    Mechanical Choices: The Responsibility of the Human Machine.Michael S. Moore - 2020 - Oup Usa.
    Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.
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  10. Law as a functional kind.Michael S. Moore - 1992 - In Robert P. George (ed.), Natural law theory: contemporary essays. New York: Oxford University Press.
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  11.  42
    Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  12. Act and Crime: The Philosophy of Action and Its Implications for Criminal Law.Michael Moore - 1996 - Law and Philosophy 15 (3):293-306.
     
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  13. Choice, Character, and Excuse.Michael S. Moore - 1990 - Social Philosophy and Policy 7 (2):29-58.
    Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...)
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  14.  29
    A Tale of Two Theories.Michael S. Moore - 2009 - Criminal Justice Ethics 28 (1):27-48.
    My own mode of discussing Douglas Husak's excellent new book, Overcriminalization,1 is by comparing the theory that book defends—what Husak calls “minimalism”—with a theory with which I am already...
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  15. The Quest for a Responsible Responsibility Test: Norwegian Insanity Law After Breivik.Michael S. Moore - 2015 - Criminal Law and Philosophy 9 (4):645-693.
    The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...)
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  16. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael Moore & Heidi Hurd - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
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  17. Law and Psychiatry: Rethinking the Relationship.Michael Moore - 1985 - Philosophical Quarterly 35 (141):425-432.
  18.  41
    Educating oneself in public: critical essays in jurisprudence.Michael S. Moore - 2000 - New York: Oxford University Press.
    This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...)
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  19. The Interpretive Turn in Modern Theory a Turn for the Worse?Michael S. Moore - 1988 - Faculty of Law, University of Toronto.
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  20.  57
    The Various Relations between Law and Morality in Contemporary Legal Philosophy.Michael S. Moore - 2012 - Ratio Juris 25 (4):435-471.
    This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in (...)
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  21.  81
    Responsible choices, desert-based legal institutions, and the challenges of contemporary neuroscience.Michael S. Moore - 2012 - Social Philosophy and Policy 29 (1):233-279.
    Research Articles Michael S. Moore, Social Philosophy and Policy, FirstView Article.
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  22.  22
    Legal Reality: A Naturalist Approach to Legal Ontology.Michael S. Moore - 2002 - Law and Philosophy 21 (6):619-705.
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  23.  26
    Negligence in the Air.Michael S. Moore & Heidi M. Hurd - 2002 - Theoretical Inquiries in Law 3 (2).
    The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...)
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  24.  43
    Stephen Morse on the Fundamental Psycho-Legal Error.Michael S. Moore - 2016 - Criminal Law and Philosophy 10 (1):45-89.
    Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s thesis (...)
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  25. Law as justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  26.  42
    Four friendly critics: A response: Four friendly critics: A response.Michael S. Moore - 2012 - Legal Theory 18 (4):491-542.
    In this reply, I seek to summarize fairly the criticisms advanced by each of my four critics, Jonathan Schaffer, Gideon Yaffe, John Gardner, and Carolina Sartorio. That there is so little overlap either in the aspects of the book on which they focus or in the arguments they advance about those issues has forced me to reply to each of them separately. Schaffer focuses much of his criticisms on my view that absences cannot serve as causal relata and argues that (...)
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  27. Good Without God.Michael S. Moore - 1996 - In Robert P. George (ed.), Natural law, liberalism, and morality: contemporary essays. New York: Oxford University Press.
  28.  28
    Hart's Concluding Scientific Postscript.Michael Moore - 1998 - Legal Theory 4 (3):301-328.
    It has often and correctly been remarked that the Hart-Fuller debate of 1956–1969 set the agenda for Anglo-American jurisprudence in the last half of the twentieth century. The nature of law, of legal obligation, of legal authority, and of law's relation to morality were the questions that debate made central to jurisprudence as we have since practiced it.
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  29.  84
    Some myths about 'mental illness'.Michael S. Moore - 1975 - Inquiry: An Interdisciplinary Journal of Philosophy 18 (3):233 – 265.
    Radical psychiatrists and others assert that mental illness is a myth. The opening and closing portions of the paper deal with the impact such argument has had in law and psychiatry. The body of the paper discusses the five versions of the myth argument prevalent in radical psychiatry: (A) that there is no such thing as mental illness; (B) that those called ?mentally ill? are really as rational as everyone else, only with different aims; that the only reasons anyone ever (...)
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  30.  25
    Libet's Challenge (s) to Responsible Agency.Michael S. Moore - 2010 - In Walter Sinnott-Armstrong & Lynn Nadel (eds.), Conscious Will and Responsibility: A Tribute to Benjamin Libet. Oup Usa. pp. 207.
  31. Liberty And Supererogation.Michael Moore - 1998 - Jahrbuch für Recht Und Ethik 6.
    The paper proceeds in four parts. First, a theory of liberty is sketched, which theory depends heavily upon three distinctions in ethics. These distinctions are shown to be maintainable using no more than resources of a standard deontic logic. That logic is itself recast from the trial of the required, the forbidden, and the optional into a simpler logic of the obligatory and the permitted. Secondly, two challenges presented to this theory of liberty and its use of standard deontic logic, (...)
     
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  32.  35
    Further Thoughts on Causation Prompted By Fifteen Critics.Michael S. Moore - 2013 - In Markus Stepanians & Benedikt Kahmen (eds.), Critical Essays on "Causation and Responsibility". De Gruyter. pp. 333-416.
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  33. Causal Relata.Michael Moore - 2005 - Jahrbuch für Recht Und Ethik 13.
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  34.  25
    The Resuscitation of “Slow Codes”: Fraud, Lies, and Deception.John J. Paris & Michael Patrick Moore - 2011 - American Journal of Bioethics 11 (11):13-14.
    The American Journal of Bioethics, Volume 11, Issue 11, Page 13-14, November 2011.
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  35.  18
    Madness and the Criminal Law.Michael S. Moore - 1986 - Noûs 20 (2):268-269.
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  36.  59
    Introduction.Michael Moore - 2009 - The Monist 92 (1):3-22.
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  37.  18
    Introduction.Michael Moore - 2009 - The Monist 92 (1):3-22.
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  38. Semantics, Metaphysics, and Objectivity in the Law.Michael S. Moore - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law: Philosophical and Legal Perspectives. Oxford: Oxford University Press.
    The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover (...)
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  39. The neuroscience of volitional excuse.Michael S. Moore - 2016 - In Dennis Michael Patterson & Michael S. Pardo (eds.), Philosophical Foundations of Law and Neuroscience. Oxford University Press UK.
     
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  40.  24
    Liberty and the constitution.Michael S. Moore - 2015 - Legal Theory 21 (3-4):156-241.
    ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be coerced (...)
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  41.  25
    The Founding and Tentative Aims of the American Bertrand Russell Society.David M. Albertson, Peter G. Cranford & Michael C. Moore - 2014 - Russell: The Journal of Bertrand Russell Studies 7.
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  42.  9
    Instructions, intentions and expectations.Bonnie Webber, Norman Badler, Barbara Di Eugenio, Chris Geib, Libby Levison & Michael Moore - 1995 - Artificial Intelligence 73 (1-2):253-269.
  43.  24
    Yaffe's attempts.Michael S. Moore - 2013 - Legal Theory 19 (2):136-177.
    Yaffe's handling of two general questions is assessed in this review. The first question is why mere attempts (as opposed to successful wrongdoing) should be made punishable in a well-conceived criminal code. The second question is how attempt liability should be conceived in such a code. As to the first question, Yaffe's nonsubstantive mode of answering it (in terms of his ) is contrasted to answers based on some more substantive desert-bases; Yaffe's own more substantive kind of answer (in terms (...)
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  44.  17
    The Founding and Tentative Aims of the American Bertrand Russell Society.David M. Albertson, Peter G. Cranford & Michael C. Moore - 1987 - Russell: The Journal of Bertrand Russell Studies 7.
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  45. Mystical Theology and Platonism in the Time of Cusanus.Jason Aleksander, Michael E. Moore, Sean Hannan & Joshua Hollmann (eds.) - 2023 - Leiden: Brill.
    Mystical Theology and Platonism in the Time of Cusanus engages with the history of mystical theology and Neoplatonic philosophy through the lens of the 15th century philosopher and theologian, Nicholas of Cusa. The volume comprises nineteen essays that break down the barriers between medieval and Renaissance studies, reinterpreting Cusanus’ place in the history of thought by exploring the archive that informed his thinking, while also interrogating his works by exploring them from the standpoint of their later reception by modern philosophers (...)
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  46.  11
    The American Bertrand Russell Society: a Progress Report.Peter G. Cranford & Michael C. Moore - 2014 - Russell: The Journal of Bertrand Russell Studies 9.
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  47.  19
    The American Bertrand Russell Society: a Progress Report.Peter G. Cranford & Michael C. Moore - 1989 - Russell: The Journal of Bertrand Russell Studies 9.
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  48. Joshua, Judges, Ruth.J. Gordon Harris, Cheryl A. Brown & Michael S. Moore - 2000
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  49.  27
    The Ethical Implications of Proportioning Punishment to Deontological Desert.Heidi M. Hurd & Michael S. Moore - 2021 - Criminal Law and Philosophy 15 (3):495-514.
    This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.
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    Untying the gordian knot of mens Rea requirements for accomplices.Heidi M. Hurd & Michael S. Moore - 2016 - Social Philosophy and Policy 32 (2):161-183.
    :This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...)
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