Abstract

Moore is one of the many law theorists who doubt that omissions can operate as factors in the causation of events and that in cases in which potential agents remain passive in spite of an obligation to intervene ascriptions of responsibility are justified exclusively by non-causal factors. The paper argues that this is an uneasy and essentially unstable position. It also shows that Moore himself, in Causation and Responsibility, does not consistently follow his exclusion of a causal role of omission in the context of casuistic analysis. Though Moore is to be praised for the clear stance he takes on the issue of negative causality, an analysis of the reasons given for the negation of causality by omission shows that these do not carry enough weight to compensate the sacrifice in theoretical coherence made by the special treatment of negative responsibility in cases in special obligations. It is proposed, instead, that the fact that responsibility for omissions is, as a rule, weaker than that for positive acts is better explained by non-causal factors such as the significant, though incomplete, correlation of the active-passive distinction with a number of normatively relevant factors and the greater social significance of moral and legal rules against active over against passive forms of wrongdoing.