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Fact and Law in the Causal Inquiry

Legal Theory 15 (3):173-191 (2009)

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  1. Causes of Causes.Alex Broadbent - 2012 - Philosophical Studies 158 (3):457-476.
    When is a cause of a cause of an effect also a cause of that effect? The right answer is either Sometimes or Always . In favour of Always , transitivity is considered by some to be necessary for distinguishing causes from redundant non-causal events. Moreover transitivity may be motivated by an interest in an unselective notion of causation, untroubled by principles of invidious discrimination. And causal relations appear to add up like transitive relations, so that the obtaining of the (...)
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  • Prediction, Understanding, and Medicine.Alex Broadbent - 2018 - Journal of Medicine and Philosophy 43 (3):289-305.
    What is medicine? One obvious answer in the context of the contemporary clinical tradition is that medicine is the process of curing sick people. However, this “curative thesis” is not satisfactory, even when “cure” is defined generously and even when exceptions such as cosmetic surgery are set aside. Historian of medicine Roy Porter argues that the position of medicine in society has had, and still has, little to do with its ability to make people better. Moreover, the efficacy of medicine (...)
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  • Contrastive Causation in the Law.Jonathan Schaffer - 2010 - Legal Theory 16 (4):259-297.
    What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...)
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  • Philosophy of Epidemiology.Anya Plutynski - 2014 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 46 (1):107-111.
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  • New Data on the Linguistic Diversity of Authorship in Philosophy Journals.Chun-Ping Yen & Tzu-Wei Hung - 2018 - Erkenntnis:1-22.
    This paper investigates the representation of authors with different linguistic backgrounds in academic publishing. We first review some common rebuttals of concerns about linguistic injustice. We then analyze 1039 authors of philosophy journals, primarily selected from the 2015 Leiter Report. While our data show that Anglophones dominate the output of philosophy papers, this unequal distribution cannot be solely attributed to language capacities. We also discover that ethics journals have more Anglophone authors than logic journals and that most authors are affiliated (...)
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  • Epidemiological Evidence in Proof of Specific Causation.Alex Broadbent - 2011 - Legal Theory 17 (4):237-278.
    This paper seeks to determine the significance, if any, of epidemiological evidence to prove the specific causation element of liability in negligence or other relevant torts—in particular, what importance can be attached to a relative risk > 2, where that figure represents a sound causal inference at the general level. The paper discusses increased risk approaches to epidemiological evidence and concludes that they are a last resort. The paper also criticizes the proposal that the probability of causation can be estimated (...)
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