This paper considers and criticises what appears to be a suggestion by Hart and Honore in 'Causation in the Law' that there is a category of basic doings, which ought not themselves to be regarded as causings. It argues instead that all actions are causings by the agent.

Humans often attribute the things that happen to one or another actual cause. In this chapter, we survey some recent philosophical and psychological research on causal attribution. We pay special attention to the relation between graphical causal modeling and theories of causal attribution. We think that the study of causal attribution is one place where formal and experimental techniques nicely complement one another.

Ordinary people often make moral judgments that are consistent with philosophical principles and legal distinctions. For example, they judge killing as worse than letting die, and harm caused as a necessary means to a greater good as worse than harm caused as a side-effect (Cushman, Young, & Hauser, 2006). Are these patterns of judgment produced by mechanisms specific to the moral domain, or do they derive from other psychological domains? We show that the action/omission and means/side-effect distinctions affect nonmoral representations (...) and provide evidence that their role in moral judgment is mediated by these nonmoral psychological representations. Specifically, the action/omission distinction affects moral judgment primarily via causal attribution, while the means/side-effect distinction affects moral judgment via intentional attribution. We suggest that many of the specific patterns evident in our moral judgments in fact derive from nonmoral psychological mechanisms, and especially from the processes of causal and intentional attribution. (shrink)

How do people understand questions about cause and prevent? Some theories propose that people affirm that A causes B if A's occurrence makes a difference to B's occurrence in one way or another. Other theories propose that A causes B if some quantity or symbol gets passed in some way from A to B. The aim of our studies is to compare these theories' ability to explain judgements of causation and prevention. We describe six experiments that compare judgements for causal (...) paths that involve a mechanism, i.e. a continuous process of transmission or exchange from cause to effect, against paths that involve no mechanism yet a change in the cause nevertheless brings about a change in the effect. Our results show that people prefer to attribute cause when a mechanism links cause to effect. In contrast, prevention is sensitive both to the presence of an interruption to a causal mechanism and to a change in the outcome in the absence of a mechanism. In this sense, ‘prevent’ means something different than ‘cause not'. We discuss the implications of our results for existing theories of causation. (shrink)

In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the (...) threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good. (shrink)

Claims concerning processes, claims of the form “x is φing”, have been the subject of renewed interest in recent years in the philosophy of action. However, this interest has frequently limited itself to noting certain formal features such claims have, and has not extended to a discussion of when they are true. This article argues that a claim of the form “x is φing” is true when what is happening with x is such that, if it is not interrupted, a (...) φing will occur. It then applies itself more directly to the case of action, arguing that when “x is φing” describes x's intentional action, it is true iff x is acting from a method she knows to be sufficient to φ, in the sense that if she is not interrupted in carrying out this method, she will φ. I use this criterion to argue that the carbon-copier example Donald Davidson gives in “Intending” fails to refute Elizabeth Anscombe's claim that an agent who is φing intentionally knows that she is, because the agent in Davidson's example is not intentionally making the copies. (shrink)

It is argued that causal understanding originates in experiences of acting on objects. Such experiences have consistent features that can be used as clues to causal identification and judgment. These are singular clues, meaning that they can be detected in single instances. A catalog of 14 singular clues is proposed. The clues function as heuristics for generating causal judgments under uncertainty and are a pervasive source of bias in causal judgment. More sophisticated clues such as mechanism clues and repeated interventions (...) are derived from the 14. Research on the use of empirical information and conditional probabilities to identify causes has used scenarios in which several of the clues are present, and the use of empirical association information for causal judgment depends on the presence of singular clues. It is the singular clues and their origin that are basic to causal understanding, not multiple instance clues such as empirical association, contingency, and conditional probabilities. (shrink)

The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty at (...) most of attempting to harm B rather than intentionally harming C. Commentators who agree that the fiction produces just results nevertheless differ regarding whether the fiction should be retained or whether A’s intent to harm “a” person, in this case, B, is the only intent that signifies for crimes of intentional harm, regardless of whom A eventually harms. Doug Husak sought to achieve reflective equilibrium between intuition and theory regarding bad-aim cases by proposing in 1996 that A be punished for attempting to harm B (rather than for harming C) but sentenced as if he had harmed B. I once believed that Husak was correct. But I now have doubts, in part because Husak, along with others, cannot explain why the strength of people’s intuitions regarding A’s responsibility in bad-aim cases depends upon (1) C’s being a reasonably foreseeable victim, and (2) C’s being harmed by the same threat of force that A initially unleashed against B. I argue that one cannot achieve reflective equilibrium in bad-aim cases without inquiring into why resulting harm matters in criminal law, and that when one does, one discovers that just as people’s intuitions regarding whether intentional harms are proximate depend upon how resulting harms occur, so, too, people’s intuitions regarding whether an actor is guilty of intentional harm depend upon how resulting harm comes about. (shrink)

Although many of the issues surrounding innateness have received a good deal of attention lately, the basic concept of token innateness has been largely ignored. In the present paper, I try to correct this imbalance by offering an account of the innateness of token traits. I begin by explaining Stephen Stich's account of token innateness and offering a counterexample to that account. I then clarify why the contemporary biological approaches to innateness will not be able to resolve the problems that (...) beset Stich's account. From there, I develop an alternative understanding of the innateness of token traits, what I call a causal/explanatory account. The argument to be made is that token innateness is both a causal, and an explanatory, concept. After clarifying this understanding of innateness, and showing how it handles several counterexamples to other accounts, I end with some comments on what the causal/explanatory account suggests for our understanding of innateness in general. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

The anticipation of the typical under the assumption of the non-occurrence of the atypical is the experiential schema governing the individuation of ordinary enduring objects and their properties. Against this background, a primitive form of “if-and-only-if” consciousness is implicit in our everyday perceptual intentions. The thematization of the fact that perception operates under this proto-tentative structure occurs at the level of reflection and is expressed by defeasible judgments of the form “if p, then q, unless r,” or “if p, then (...) q provided that not-r”. Here I will argue that what is made thematic by judgments containing such restrictive clauses is the structure of unpredictability inherent in what Husserl calls the horizon of latency and, indirectly, the world as background of normality. (shrink)

In some situations in which undesirable collective effects occur, it is very hard, if not impossible, to hold any individual reasonably responsible. Such a situation may be referred to as the problem of many hands. In this paper we investigate how the problem of many hands can best be understood and why, and when, it exactly constitutes a problem. After analyzing climate change as an example, we propose to define the problem of many hands as the occurrence of a gap (...) in the distribution of responsibility that may be considered morally problematic. Whether a gap is morally problematic, we suggest, depends on the reasons why responsibility is distributed. This, in turn, depends, at least in part, on the sense of responsibility employed, a main distinction being that between backward-looking and forward-looking responsibility. (shrink)

Epistemic reasons are mental states. They are not propositions or non-mental facts. The discussion proceeds as follows. Section 1 introduces the topic. Section 2 gives two concrete examples of how our topic directly affects the internalism/externalism debate in normative epistemology. Section 3 responds to an argument against the view that reasons are mental states. Section 4 presents two problems for the view that reasons are propositions. Section 5 presents two problems for the view that reasons are non-mental facts. Section 6 (...) argues that reasons are mental states. Section 7 responds to objections. (shrink)

In this paper, we argue that under certain prevalent interpretations of the nature and aims of cognitive science, theories of cognition generate a forced choice between a conception of cognition which depends on the possibility of a private language, and a conception of cognition which depends on mereological confusions. We argue, further, that this should not pose a fundamental problem for cognitive scientists since a plausible interpretation of the nature and aims of cognitive science is available that does not generate (...) this forced choice. The crucial difference between these interpretations is that on the one hand the aim of theories of cognition is to tell us what thinking (etc.) is, and on the other it is to tell us what is causally necessary if an intelligent creature is to be able to think. Our argument draws heavily on a Wittgensteinian conception of philosophy in which no philosophical theory can explain what thinking, perceiving, remembering, etc. are, either. The positive, strictly therapeutic, purpose of a philosophy of cognitive science should be to show that, since the traditional problems which constitute the philosophy of mind are chimerical, there is nothing for philosophical theorizing in cognitive science to achieve. (shrink)

Functionalist theories have been proposed for just about everything: mental states, dispositions, moral properties, truth, causation, and much else. The time has come for a functionalist theory of nothing. Or, more accurately, a role functionalist theory of those absences that are causes and effects.

Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.

The verbs cause, enable, and prevent express beliefs about the way the world works. We offer a theory of their meaning in terms of the structure of those beliefs expressed using qualitative properties of causal models, a graphical framework for representing causal structure. We propose that these verbs refer to a causal model relevant to a discourse and that “A causes B” expresses the belief that the causal model includes a link from A to B. “A enables/allows B” entails that (...) the model includes a link from A to B, that A represents a category of events necessary for B, and that an alternative cause of B exists. “A prevents B” entails that the model includes a link from A to B and that A reduces the likelihood of B. This theory is able to account for the results of four experiments as well as a variety of existing data on human reasoning. (shrink)

It is suggested that taking into account considerations that traditionally fall within the scope of computer science in general, and artificial intelligence in particular, sheds new light on the subject of causation. It is argued that adopting causal notions con be viewed as filling a computational need: They allow reasoning with incomplete information, facilitate economical representations, and afford relatively efficient methods for reasoning about those representations. Specifically, it is proposed that causal reasoning is intimately bound to nonmonotonic reasoning. An account (...) of causation is offered that relies upon this connection, and compares this proposal to previous accounts within philosophy and artificial intelligence. (shrink)

Causal analyses of one’s knowing that p have recently emphasized the involvement of cognitive virtues in coming to believe that p. John Greco suggests that in order to deal with Gettier-type cases, a virtue analysis of knowing should include a requirement that one’s knowing does not in a certain way involve abnormality. Yet Greco’s emphasis on statistical abnormality either renders his analysis subject to a generality problem or to objections regarding certain Gettier-type cases. When we instead consider abnormality in the (...) sense of a causally differentiating factor in relation to a causal contrast situation, the account remains unclear concerning its application to an interesting non-Gettier-type case concerning chance. The exploration of these shortcomings casts doubt on the epistemological usefulness of the schema, ‘If you know, then there is no abnormality in your being right. ’. (shrink)

This paper argues that the semantic facts about ‘because’ are best explained via a metaphorical treatment of metaphysical explanation that treats causal explanation as explanation par excellence. Along the way, it defends a commitment to a unified causal sense of ‘because’ and offers a proprietary explanation of grounding skepticism. With the causal metaphor account of metaphysical explanation on the table, an extended discussion of the relationship between conceptual structure and metaphysics ends with a suggestion that the semantic facts about ‘because’ (...) tell against grounding-causation unity. (shrink)

This paper combines a phenomenological account of the types of causal transaction found in social reality with a critique of two theories, one structuralist and one Marxist, that contravene it. Part I argues that there are three types of causal transaction in social life in addition to physical causal transactions: people bringing about states of affairs by acting, states of affairs bringing about actions by inducing responses, and entities and states of affairs bringing about what makes sense to people to (...) do by making certain factors determine this. It is also contended that social formations and structures cause actions and other social formations/structures only by way of participating in these types of transaction. The conditions under which this occurs are discussed. Part II criticizes Peter Blau's account of structural effects and Jean?Paul Sartre's version of a materialist theory of history, two theories that either advocate or require causal transactions between social structures/ formations which do not reduce to transactions of the types described in Part I. The paper concludes by suggesting that social entities that make actions possible do not thereby cause them. (shrink)

The paper outlines an analysis of token causation . It contains reasons for the choice of event tokens and a list of properties of causal relations. After defining the notion event it is shown, in which form classical philosophical problems arise and how they can be solved: Causality is interpreted as an second order property of first order relations. Temporal order can be induced from causal order. Token causation does not involve neither any kind of necessity, nor probability. Causal laws (...) are generalizations on sentences about token causation by quantifying over event types. Two explications of Causal law are suggested, differing in the ability of allowing for exceptions. (shrink)

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 (...) off better. In place of I suggest the more explicit An explicitly contrastive approach can thus potentially help the lawyer phrase her causal question in a more explicit way, while shedding light on our conception of causation. (shrink)

In this article I examine the relation between causation and moral responsibility. I distinguish four possible views about that relation. One is the standard view: the view that an agent's moral responsibility for an outcome requires, and is grounded in, the agent's causal responsibility for it. I discuss several challenges to the standard view, which motivate the three remaining views. The final view – the view I argue for – is that causation is the vehicle of transmission of moral responsibility. (...) According to this view, although moral responsibility does not require causation, causation still grounds moral responsibility. (shrink)

Which factors influence the folk application of the concept of causation? Knobe has argued that causal judgments are primarily influenced by the moral valence of the behavior under consideration. Whereas Driver has pointed out that the data Knobe relies on can also be used to support the claim that it is the atypicality of the agent's behavior that influences our willingness to assign causality to that agent. While Knobe and Fraser have provided a further study to address the cogency of (...) this alternative explanation, we argue that they have not provided a complete analysis. We present a variation on this study that addresses the relation between atypical and moral considerations as they contribute to the application of the concept causation. Our results indicate that atypicality cannot be ignored in an analysis of the folk concept of causation. That is, Knobe and Fraser's response to Driver is inadequate. (shrink)

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform (...) of complicity laws. (shrink)

This is the first instalment of a two-part paper on the counterfactual theory of causation. It is well known that this theory is ridden with counterexamples. Specifically, the following four features of the theory suffer from problems: it understands causation as a relation between events; counterfactual dependence is understood using a metric of similarity among possible worlds; it defines a non-discriminatory concept of causation; and it understands causation as transitive. A number of philosophers have recently proposed that causation is contrastive (...) because making contrasts explicit defuses counterexamples. A contrastive causal claim has the following form: C rather than C* causes E rather than E*, where C* and E* are alternative or contrast events. In this paper, I show that making contrasts explicit does indeed defuse some counterexamples. However, I also argue that the examples discussed in the literature all share a common feature, viz. that the original causal judgement is ambiguous in one way or another. Contrasting does not help with counterexamples that do not have this feature. Part II of this paper then takes up the hard cases. (shrink)

In recent years, a number of philosophers have attempted to fix paradoxes of the counterfactual account of causation by making causation contrastive. In this framework, causation is understood to be not a two-place relationship between a cause and an effect but a three or four-place relationship between a cause, an effect and a contrast on the side of the cause, the effect or both. I argue that contrasting helps resolving certain paradoxes only if an account of admissibility of the chosen (...) set of contrasts is given. I show by means of numerous examples that it is contextual features that determine admissibility. This way, context becomes part of the semantics of causation. I finally argue that once contextualised, explicit contrasting is redundant: causation is therefore a three-place relationship between a cause, an effect and a context. (shrink)

Two components of lay observers’ calculus of moral judgment are proximal intent (the actor’s mind is focused on performing the action) and distal intent (the actor’s mind is focused on the broader goal). What causes observers to prioritize one form of intent over the other? The authors observed whether construal level (Studies 1-2) and beliefs about free will (Studies 3-4) would influence participants’ sensitivity to the actor’s proximal versus distal intent. In four studies, participants read scenarios in which the actor’s (...) proximal and distal intent were independently manipulated. In Study 1, when only distal intent was present in the actor’s mind, participants rated the psychologically distant actor more responsible than the psychologically near actor. In Study 2, when only distal intent was in the actor’s mind, participants with a chronic high level of action identification rated the actor more responsible than did those with a low level of action identification. In both studies, when only proximal intent was in the actor’s mind, construal level did not predict judgments of responsibility. In Study 3, when only proximal intent was present in the actor’s mind, the more participants believed in free will, the more they rated the actor responsible. When only distal intent was in the actor’s mind, free will belief did not influence ratings of responsibility. In Study 4, the same pattern emerged when free will / determinism beliefs were manipulated and the actor performed a positive (life-saving) act. The authors discuss how these results shed new light on the literatures on moral reasoning and psycho-legal theory. (shrink)

The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 finds that third-party intentions only influence moral (...) judgments when the agent's actions precisely match the third party's intention. Study 3 shows that this effect arises from changes in participants' causal perception that the third party was controlling the agent. Studies 4 and 5, respectively, show that the effect cannot be explained by changes in the distribution of blame or perceived differences in situational constraint faced by the agent. (shrink)

There is a growing trend in policy making of holding people responsible for their lifestyle-based diseases. This has sparked a heated debate on whether people are responsible for these illnesses, which has now come to an impasse. In this paper, I present a psychological model that explains why different views on people’s responsibility for their health exist and how we can reach a resolution of the disagreement. My conclusion is that policymakers should not perceive people as responsible while health care (...) personnel should take the opposing view. (shrink)

People judge that an individual who attempts to harm someone but fails should be blamed and punished more when they imagine how things could have turned out worse, compared to when they imagine how things could have turned out the same, or when they think only about what happened. This moral counterfactual amplification effect occurs when people believe the protagonist had no reason for the attempt to harm, and not when the protagonist had a reason, as Experiment 1 shows. It (...) occurs for intentional failed attempts to harm and also for accidental near-misses, as Experiment 2 shows, but not for failed attempts in which the harm occurs anyway by another cause, for both general judgments about the event and specific judgments about the individual's actions, as Experiments 3 and 4 show. The implications for understanding the role of counterfactual thoughts in moral judgement are discussed. (shrink)

I present a new definition of verisimilitude, framed in terms of causes. Roughly speaking, according to it a scientific model is approximately true if it captures accurately the strengths of the causes present in any given situation. Against much of the literature, I argue that any satisfactory account of verisimilitude must inevitably restrict its judgments to context-specific models rather than general theories. We may still endorse—and only need—a relativized notion of scientific progress, understood now not as global advance but rather (...) as the mastering of particular problems. This also sheds new light on longstanding difficulties surrounding language-dependence and models committed to false ontologies. (shrink)

I argue that causation is a contrastive relation: c-rather-than-C* causes e-rather-than-E*, where C* and E* are contrast classes associated respectively with actual events c and e. I explain why this is an improvement on the traditional binary view, and develop a detailed definition. It turns out that causation is only well defined in ‘uniform’ cases, where either all or none of the members of C* are related appropriately to members of E*.

This article takes the 2008–2010 financial crisis as a case study to explore the tension between responsibility and accountability in complex crises. I analyze the patterns of attribution and assumption of responsibility of thirty-three bankers in Wall Street, interviewed from fall 2008 to summer 2010. First, I show that responsibility for complex failures cannot be easily attributed or assumed: responsibility becomes diluted within the collective. Actors can only assume collective responsibility, recognizing that they belong to an institution at fault. Second, (...) I show that blaming is a social process that should be examined contextually, relationally, and dynamically. I build on sociological theories to depart from the normative focus of philosophers, and the cognitive focus of psychologists, who have dominated the study of responsibility so far. (shrink)

In the “olden days,” only a few years ago, physicians were free to order virtually any service they believed their patients needed, confident that virtually everything would be paid for. Reimbursernent was retrospective, fee-for-service and generous, essentially a cost-plus system in which insurers only rarely challenged medical decisions. That system is now gone. Uncontrolled escalations in the cost of health care have prompted those who pay its costs—primarily governments, businesses, and insurers—to initiate a broad array of cost controls in hopes (...) of at least restraining the rise of their expenditures, even if not actually reducing them. Among the most prominent cost-containment mechanisms is utilization review (UR).Insurers have always engaged in retrospective review, denying payment for services that are not medically necessary, or not covered by the patient's policy, or not documented in the patient's records. Recently, however, payers have added prospective review, in which physician and patient must secure advance payer approval for certain interventions if they wish to ensure reimbursement. (shrink)

This paper makes the case for a wider acceptance of a probabilistic approach to causation in negligence. This acceptance would help to remove much of the incoherence which has come to afflict the English law of personal injury law. This incoherence can also be found in other common law jurisdictions (notably those of the United States, Canada and Australia). Concentrating upon recent UK case law, the argument opposes the contention that ‘naked statistics’ can play no role in establishing causation. The (...) argument is controversial but it can be reduced to three unremarkable grounds: (1) With its acceptance (albeit in certain carefully prescribed circumstances) of liability for a negligently increased risk which has eventuated, the common law has already embraced a probabilistic conception of causation; (2) The English common law already employs a probabilistic (frequentist) approach to identifying coincidences; and (3) With the ‘balance of probabilities’ as the standard of proof in civil cases, the common law has long had a probabilistic (epistemic) concept at its core. Probabilistic approaches (at both the type and token level) are shown to be consistent with laypersons’ understanding of the concepts such as risk, chance, odds and likelihood. Moreover, a wider acceptance of a probabilistic perspective on causation would entail no major challenge to the fundamental aims of tort, viz. deterrence and corrective justice. (shrink)