Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

We can cause windows to break and we can break windows; we can cause villages to flood and we can flood villages; and we can cause chocolate to melt and we can melt chocolate. Each time these can come apart: if, for example, A merely instructs B to break the window, then A causes the window to break without breaking it herself. Each instance of A breaking/flooding/melting/burning/killing/etc. something, is an instance of what I call making. I argue that making is (...) an independent, theoretically important notion—akin but irreducible to causing—and metaphysicians should pay attention to it. (shrink)

What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...) of thing that can be impermissible. Unless imposing risk can be impermissible after all, unjustified risking is literally impossible. In this discussion, I explore what I call the moral significance of risking, arguing that the moral significance of risking resides in a certain kind of nonmaterial autonomy interest that is implicated whenever one imposes risk of harm on another. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.