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  1. Provocateurs.Kimberly Kessler Ferzan - 2013 - Criminal Law and Philosophy 7 (3):597-622.
    When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...)
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  • Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
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  • Moral Responsibility is Not Proportionate to Causal Responsibility.Huzeyfe Demirtas - 2022 - Southern Journal of Philosophy 60 (4):570-591.
    It seems intuitive to think that if you contribute more to an outcome, you should be more morally responsible for it. Some philosophers think this is correct. They accept the thesis that ceteris paribus one's degree of moral responsibility for an outcome is proportionate to one's degree of causal contribution to that outcome. Yet, what the degree of causal contribution amounts to remains unclear in the literature. Hence, the underlying idea in this thesis remains equally unclear. In this article, I (...)
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  • Causation comes in degrees.Huzeyfe Demirtas - 2022 - Synthese 200 (1):1-17.
    Which country, politician, or policy is more of a cause of the Covid-19 pandemic death toll? Which of the two factories causally contributed more to the pollution of the nearby river? A wide-ranging portion of our everyday thought and talk, and attitudes rely on a graded notion of causation. However, it is sometimes highlighted that on most contemporary accounts, causation is on-off. Some philosophers further question the legitimacy of talk of degrees of causation and suggest that we avoid it. Some (...)
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  • Legal Responsibility and Scalar Causation. [REVIEW]Helen Beebee - 2013 - Jurisprudence 4 (1):102-137.
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  • Provocateurs and Their Rights to Self-Defence.Lisa Hecht - 2019 - Criminal Law and Philosophy 13 (1):165-185.
    A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to self-defend against harm (...)
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  • Moore’s Truths About Causation and Responsibility: A Reply to Alexander and Ferzan. [REVIEW]Michael S. Moore - 2012 - Criminal Law and Philosophy 6 (3):445-462.
    In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly (...)
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  • 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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