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  1. added 2016-05-18
    Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism.Ken Levy - 2010 - Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
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  2. added 2014-04-02
    Causation, Norms, and Omissions: A Study of Causal Judgments.Randolph Clarke, Joshua Shepherd, John Stigall, Robyn Repko Waller & Chris Zarpentine - 2015 - Philosophical Psychology 28 (2):279-293.
    Many philosophical theories of causation are egalitarian, rejecting a distinction between causes and mere causal conditions. We sought to determine the extent to which people's causal judgments discriminate, selecting as causes counternormal events—those that violate norms of some kind—while rejecting non-violators. We found significant selectivity of this sort. Moreover, priming that encouraged more egalitarian judgments had little effect on subjects. We also found that omissions are as likely as actions to be judged as causes, and that counternormative selectivity appears to (...)
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  3. added 2014-03-27
    Causalism and Intentional Omission.Joshua Shepherd - 2014 - American Philosophical Quarterly 51 (1):15-26.
    It is natural to think that at root, agents are beings that act. Agents do more than this, however – agents omit to act. Sometimes agents do so intentionally. How should we understand intentional omission? Recent accounts of intentional omission have given causation a central theoretical role. The move is well-motivated. If some form of causalism about intentional omission can successfully exploit similarities between action and omission, it might inherit the broad support causalism about intentional action enjoys. In this paper (...)
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  4. added 2014-03-04
    Omissions, Responsibility, and Symmetry.Randolph Clarke - 2011 - Philosophy and Phenomenological Research 82 (3):594-624.
    It is widely held that one can be responsible for doing something that one was unable to avoid doing. This paper focuses primarily on the question of whether one can be responsible for not doing something that one was unable to do. The paper begins with an examination of the account of responsibility for omissions offered by John Martin Fischer and Mark Ravizza, arguing that in many cases it yields mistaken verdicts. An alternative account is sketched that jibes with and (...)
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  5. added 2012-04-19
    Absence of Action.Randolph Clarke - 2012 - Philosophical Studies 158 (2):361-376.
    Often when one omits to do a certain thing, there's no action that is one's omission; one's omission, it seems, is an absence of any action of some type. This paper advances the view that an absence of an action--and, in general, any absence--is nothing at all: there is nothing that is an absence. Nevertheless, it can result from prior events that one omits to do a certain thing, and there can be results of the fact that one omits to (...)
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  6. added 2011-02-21
    Negative Acts.Stefanov Gheorghe - 2010 - Analele Universitatii Bucuresti - Filosofie (LIX):3-9.
    In this paper I try to use the conceptual framework of the speech act theory to clarify a few points regarding the philosophical debate about the existence of negative acts. For this, I start by looking at some of the most popular candidates to this title: failing, omitting, avoiding and refraining. In the second part of my paper I consider some examples of verbal actions and try to investigate how would the property of 'being negative' apply to them, concluding that (...)
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