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  1. Judith Jarvis Thomson on the analysis of causation, and another entailment objection.Terence Rajivan Edward - manuscript
    In a book contribution responding to H.L.A. Hart and Tony Honoré, Judith Jarvis Thomson casts a certain analysis of causation in an attractive light, but says that it unfortunately faces two objections. I draw attention to another objection.
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  2. Deviant Causation and the Law.Sara Bernstein - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
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  3. Legal Causation.Thomas Byrne - forthcoming - Jurisprudence:1-21.
    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.
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  4. Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - forthcoming - In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. Bloomsbury Press.
    In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...)
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  5. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  6. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  7. Cause, "Cause", and Norm.John Schwenkler & Eric Sievers - 2022 - In Pascale Willemsen & Alex Wiegmann (eds.), Advances in Experimental Philosophy of Causation. pp. 123-144.
    This chapter presents a series of experiments that elicit causal judgments using statements that do not include the verb "to cause". In particular, our interest is in exploring the extent to which previously observed effects of normative considerations on agreement with what we call "cause"-statements, i.e. those of the form "X caused ..." extend as well to those of the form "X V-ed Y", where V is a lexical causative. Our principal finding is that in many cases the effects do (...)
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  8. Actual Causation.Enno Fischer - 2021 - Dissertation, Leibniz Universität Hannover
    In this dissertation I develop a pluralist theory of actual causation. I argue that we need to distinguish between total, path-changing, and contributing actual causation. The pluralist theory accounts for a set of example cases that have raised problems for extant unified theories and it is supported by considerations about the various functions of causal concepts. The dissertation also analyses the context-sensitivity of actual causation. I show that principled accounts of causal reasoning in legal inquiry face limitations and I argue (...)
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  9. Negligent Algorithmic Discrimination.Andrés Páez - 2021 - Law and Contemporary Problems 84 (3):19-33.
    The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...)
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  10. Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
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  11. Causes, Enablers and the Law.Michelle B. Cowley-Cunningham - 2018 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...)
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  12. Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
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  13. Causal Proportions and Moral Responsibility.Sara Bernstein - 2017 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility, Volume 4. Oxford: Oxford University Press. pp. 165-182.
    This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.
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  14. Responsibility Regardless of Causation.Federico Faroldi - 2014 - In Bacchini, Dell'Utri & Caputo (eds.), New Advances in Causation, Agency, and Moral Responsibility. Cambridge Scholars Press.
    This paper deals with the relationship between legal responsibility and causation. I argue that legal responsibility is not necessarily rooted in causation. The general claim I aim to disprove is that responsibility is descriptive because it is fundamentally rooted in causality, and causality is metaphysically real and founded. My strategy is twofold. First, I show (in §1) that there are significant and independent non- causal form of responsibility that cannot be reduced to causal responsibility; second, in §2, I show that (...)
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  15. The Normative Structure of Responsibility.Federico L. G. Faroldi - 2014 - College Publications.
    The Normative Structure of Responsibility deals with responsibility in legal, moral, and linguistic contexts. The book builds on conceptual analysis and data from everyday language, ethics, and the law in order to defend the thesis that responsibility is fundamentally normative, that is, it cannot be reduced to purely descriptive factors. The book is divided in three parts: the first part draws a conceptual map of various responsibility concepts, conceptions and conditions and their interaction with different kinds of rules; the second (...)
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  16. The good, the bad, and the timely: How temporal order and moral judgment influence causal selection.Kevin Reuter, Lara Kirfel, Raphael van Riel & Luca Barlassina - 2014 - Frontiers in Psychology 5 (1336):1-10.
    Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later agent (...)
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  17. Making Causal Counterfactuals More Singular, and More Appropriate for Use in Law.Geert Keil - 2013 - In Benedikt Kahmen Markus Stepanians (ed.), Causation and Responsibility: Critical Essays. De Gruyter. pp. 157-189.
    Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he considers all (...)
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  18. Constitutional order in Russia.Andrej Poleev - 2013
    A. Poleev. Constitutional order in Russia. Enzymes, Revised print edition 2020.
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  19. Intended and Merely Foreseen Consequences: The Psychology of the ‘Cause or Allow’ Offence.Michelle B. Cowley-Cunningham - 2012 - SSRN E-Library Maurer School of Law's Law and Society Series | Media Summary, SLSA Newsletter, Spring Issue, 2012.
    Intended and merely foreseen consequences: The psychology of the ‘cause or allow’ offence. A short report for the Socio-Legal Community on ESRC Grant RES-000-22-3114.
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  20. The Confirmation of Singular Causal Statements by Carnap’s Inductive Logic.Yusuke Kaneko - 2012 - Logica Year Book 2011.
    The aim of this paper is to apply inductive logic to the field that, presumably, Carnap never expected: legal causation. Legal causation is expressible in the form of singular causal statements; but it is distinguished from the customary concept of scientific causation, because it is subjective. We try to express this subjectivity within the system of inductive logic. Further, by semantic complement, we compensate a defect found in our application, to be concrete, the impossibility of two-place predicates (for causal relationship) (...)
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  21. M. H. Kramer, C. Grant, B. Colburn, and A. Hatzistavrou, eds. The Legacy of H. L. A. Hart: Legal, Political, and Moral Philosophy[REVIEW]Shane Ralston - 2010 - Philosophy in Review 30 (2):111-114.
    H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, Liberty and (...)
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  22. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  23. Fact and Law in the Causal Inquiry.Alex Broadbent - 2009 - Legal Theory 15 (3):173-191.
    This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...)
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  24. It's Not My Fault, Your Honor, I'm Only the Enabler.Michelle B. Cowley-Cunningham - 2007 - In Proceedings of the Annual Meeting of the Cognitive Science Society, Vol. 29, 2007, Extended Abstract. Nashville, TN, USA: pp. 1755.
    According to the mental model theory, causes and enablers differ in meaning, and therefore in their logical consequences (Goldvarg & Johnson-Laird, 2001). They are consistent with different possibilities. Recent psychological studies have argued to the contrary, and suggested that linguistic cues guide this distinction (Kuhnmünch & Beller, 2005). The issue is important because neither British nor American law recognizes this distinction (e.g., Roberts & Zuckerman, 2004). Yet, in our view, it is central to human conceptions of causality. Hence, in two (...)
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  25. A cognitive neuroscience framework for understanding causal reasoning and the law.Jonathan A. Fugelsang & Kevin N. Dunbar - 2006 - In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press. pp. 157--166.
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  26. The Talk I Was Supposed to Give….Achille C. Varzi - 2006 - In Andrea Bottani & Richard Davies (eds.), Modes of Existence: Papers in Ontology and Philosophical Logic. Ontos Verlag. pp. 131–152.
    Assuming that events form a genuine ontological category, shall we say that a good inventory of the world ought to include “negative” events—failures, omissions, things that didn’t happen—along with positive ones? I argue that we shouldn’t. Talk of non-occurring events is like talk of non-existing objects and should not be taken at face value. We often speak as though there were such things, but deep down we want our words to be interpreted in such a way as to avoid serious (...)
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  27. Is the risk–liability theory compatible with negligence law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...)
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  28. Compensation for Mere Exposure to Risk.Nicole A. Vincent - 2004 - Australian Journal of Legal Philosophy 29:89-101.
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...)
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  29. Singular causal statements and strict deterministic laws.Noa Latham - 1987 - Pacific Philosophical Quarterly 68 (1):29-43.
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