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Causation in the Law

Philosophy 37 (139):83-84 (1959)

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  1. Horizonality and Defeasibility.Emilio Vicuña - 2019 - Husserl Studies 35 (3):225-247.
    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 (...)
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  • Editors’ Overview: Moral Responsibility in Technology and Engineering.Ibo van de Poel, Jessica Fahlquist, Neelke Doorn, Sjoerd Zwart & Lambèr Royakkers - 2012 - Science and Engineering Ethics 18 (1):1-11.
    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 (...)
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  • Everyday explanation: The pragmatics of puzzle resolution.William Turnbull - 1986 - Journal for the Theory of Social Behaviour 16 (2):141–160.
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  • Explaining How the Mind Works: On the Relation Between Cognitive Science and Philosophy.Jonathan Trigg & Michael Kalish - 2011 - Topics in Cognitive Science 3 (2):399-424.
    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 (...)
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  • The Role Functionalist Theory of Absences.Justin Tiehen - 2015 - Erkenntnis 80 (3):505-519.
    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.
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  • The Causal Organisation of Emotional Knowledge: A Developmental Study.Nancy L. Stein & Linda J. Levine - 1989 - Cognition and Emotion 3 (4):343-378.
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  • Direct and indirect causes.Wolfgang Spohn - 1990 - Topoi 9 (2):125-145.
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  • Moral asymmetries in judgments of agency withstand ludicrous causal deviance.Paulo Sousa, Colin Holbrook & Lauren Swiney - 2015 - Frontiers in Psychology 6.
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  • Intentions: past, present, future.Matthew Noah Smith - 2017 - Philosophical Explorations 20 (sup2):1-12.
    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.
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  • A Causal Model Theory of the Meaning of Cause, Enable, and Prevent.Steven Sloman, Aron K. Barbey & Jared M. Hotaling - 2009 - Cognitive Science 33 (1):21-50.
    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 (...)
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  • Nonmonotonic Reasoning and Causation.Yoav Shoham - 1990 - Cognitive Science 14 (2):213-252.
    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 (...)
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  • Abnormality, cognitive virtues, and knowledge.Robert K. Shope - 2008 - Synthese 163 (1):99-118.
    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 (...)
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  • The causal metaphor account of metaphysical explanation.Jonathan L. Shaheen - 2017 - Philosophical Studies 174 (3):553-578.
    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’ (...)
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  • Social causality.Theodore R. Schatzki - 1988 - Inquiry: An Interdisciplinary Journal of Philosophy 31 (2):151 – 170.
    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 (...)
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  • On the logic of event causation. Part I. Fundamental reflections.Uwe Scheffler - 2003 - Logic and Logical Philosophy 1:129-155.
    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 (...)
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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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  • Causation and responsibility.Carolina Sartorio - 2007 - Philosophy Compass 2 (5):749–765.
    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. (...)
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  • Dispositional vs. situational interpretations of Milgram's obedience experiments: "The fundamental attributional error".John Sabini & Maury Silver - 1983 - Journal for the Theory of Social Behaviour 13 (2):147–154.
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  • Folk psychological concepts: Causation.Craig Roxborough & Jill Cumby - 2009 - Philosophical Psychology 22 (2):205-213.
    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 (...)
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  • First degree murder and complicity—conditions for parity of culpability between principal and accomplice.Robert Sullivan - 2007 - Criminal Law and Philosophy 1 (3):271-288.
    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 (...)
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  • Contextualising Causation Part I.Julian Reiss - 2013 - Philosophy Compass 8 (11):1066-1075.
    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 (...)
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  • Contextualising Causation Part II.Julian Reiss - 2013 - Philosophy Compass 8 (11):1076-1090.
    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 (...)
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  • Construal level and free will beliefs shape perceptions of actors' proximal and distal intent.Jason E. Plaks & Jeffrey S. Robinson - 2015 - Frontiers in Psychology 6:135664.
    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 (...)
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  • Manipulating Morality: Third‐Party Intentions Alter Moral Judgments by Changing Causal Reasoning.Jonathan Phillips & Alex Shaw - 2014 - Cognitive Science 38 (8):1320-1347.
    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 (...)
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  • The right perspective on responsibility for ill health.Karl Persson - 2013 - Medicine, Health Care and Philosophy 16 (3):429-441.
    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 (...)
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  • Counterfactual and semi-factual thoughts in moral judgements about failed attempts to harm.Mary Parkinson & Ruth M. J. Byrne - 2017 - Thinking and Reasoning 23 (4):409-448.
    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 (...)
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  • Verisimilitude: a causal approach.Robert Northcott - 2013 - Synthese 190 (9):1471-1488.
    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 (...)
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  • Causation and contrast classes.Robert Northcott - 2008 - Philosophical Studies 139 (1):111 - 123.
    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*.
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  • No Body to Kick, No Soul to Damn: Responsibility and Accountability for the Financial Crisis.Olivia Nicol - 2018 - Journal of Business Ethics 151 (1):101-114.
    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, (...)
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  • Reply to MacFarlane and Greco.Sarah Moss - 2020 - Res Philosophica 97 (1):119-133.
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  • Whodunit? Causal Responsibility of Utilization Review for Physicians'Decisions, Patients'Outcomes.E. Haavi Morreim - 1992 - Journal of Law, Medicine and Ethics 20 (1-2):40-56.
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  • Whodunit? Causal Responsibility of Utilization Review for Physicians'Decisions, Patients'Outcomes.E. Haavi Morreim - 1992 - Journal of Law, Medicine and Ethics 20 (1-2):40-56.
    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 (...)
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  • Causation in Personal Injury Law: The Case for a Probabilistic Approach. [REVIEW]Chris Miller - 2014 - Topoi 33 (2):1-12.
    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 (...)
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  • Norms, Causes, and Alternative Possibilities.Peter Menzies - 2010 - Behavioral and Brain Sciences 33 (4):346-347.
    I agree with Knobe's claim in his “Person as Scientist, Person as Moralist” article that moral considerations are integral to the workings of people's competence in making causal judgments. However, I disagree with the particular explanation he gives of the way in which moral considerations influence causal judgments. I critically scrutinize his explanation and outline a better one.
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  • Omissions, Causation, and Responsibility: A Reply to McLachlan and Coggon.Andrew J. McGee - 2011 - Journal of Bioethical Inquiry 8 (4):351-361.
    In this paper I discuss a recent exchange of articles between Hugh McLachlan and John Coggon on the relationship between omissions, causation, and moral responsibility. My aim is to contribute to their debate by isolating a presupposition I believe they both share and by questioning that presupposition. The presupposition is that, at any given moment, there are countless things that I am omitting to do. This leads both McLachlan and Coggon to give a distorted account of the relationship between causation (...)
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  • Predicting blame assignment in a case of negligent harm.David R. Mandel - 2010 - Mind and Society 9 (1):5-17.
    Theories of blame posit that observers consider causality, controllability, and foreseeability when assigning blame to actors. The present study examined which of these factors, either on their own or in interaction, predicted blame assigned to actors in a case of harm caused by negligence. The findings revealed that only causal impact ratings predicted blame. The findings also revealed a novel form of asymmetric discounting: the causal impact of a negligent actor was used to discount blame assigned to an innocent actor, (...)
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  • Effect of counterfactual and factual thinking on causal judgements.David R. Mandel - 2003 - Thinking and Reasoning 9 (3):245 – 265.
    The significance of counterfactual thinking in the causal judgement process has been emphasized for nearly two decades, yet no previous research has directly compared the relative effect of thinking counterfactually versus factually on causal judgement. Three experiments examined this comparison by manipulating the task frame used to focus participants' thinking about a target event. Prior to making judgements about causality, preventability, blame, and control, participants were directed to think about a target actor either in counterfactual terms (what the actor could (...)
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  • Three Ways to Kill Innocent Bystanders: Some Conundrums Concerning the Morality of War.Eric Mack - 1985 - Social Philosophy and Policy 3 (1):1.
    1. Introduction This essay deals with the hard topic of the permissible killing of the innocent. The relevance of this topic to the morality of war is obvious. For even the most defensive and just wars, i.e., the most defensive and just responses to existing or imminent large-scale aggression, will inflict harm upon – in particular, cause the deaths of – innocent bystanders. 1 The most obvious and relevant example is that of innocent Soviet noncombatants who would be killed by (...)
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  • Actual Causation and Simple Voting Scenarios.Jonathan Livengood - 2011 - Noûs 47 (2):316-345.
    Several prominent, contemporary theories of actual causation maintain that in order for something to count as an actual cause (in the circumstances) of some known effect, the potential cause must be a difference-maker with respect to the effect in some restricted range of circumstances. Although the theories disagree about how to restrict the range of circumstances that must be considered in deciding whether something counts as an actual cause of a known effect, the theories agree that at least some counterfactual (...)
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  • The Moral Equivalence of Action and Omission.Judith Lichtenberg - 1982 - Canadian Journal of Philosophy 12 (sup1):19-36.
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  • Causation in AI and law.Jos Lehmann, Joost Breuker & Bob Brouwer - 2004 - Artificial Intelligence and Law 12 (4):279-315.
    Reasoning about causation in fact is an essential element of attributing legal responsibility. Therefore, the automation of the attribution of legal responsibility requires a modelling effort aimed at the following: a thorough understanding of the relation between the legal concepts of responsibility and of causation in fact; a thorough understanding of the relation between causation in fact and the common sense concept of causation; and, finally, the specification of an ontology of the concepts that are minimally required for (automatic) common (...)
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  • An ontology of physical causation as a basis for assessing causation in fact and attributing legal responsibility.Jos Lehmann & Aldo Gangemi - 2007 - Artificial Intelligence and Law 15 (3):301-321.
    Computational machineries dedicated to the attribution of legal responsibility should be based on (or, make use of) a stack of definitions relating the notion of legal responsibility to a number of suitably chosen causal notions. This paper presents a general analysis of legal responsibility and of causation in fact based on Hart and Honoré’s work. Some physical aspects of causation in fact are then treated within the “lite” version of DOLCE foundational ontology written in OWL-DL, a standard description logic for (...)
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  • Coincidence and Common Cause.Tamar Lando - 2017 - Noûs 51 (1):132-151.
    According to the traditional view of the causal structure of a coincidence, the several parts of a coincidence are produced by independent causes. I argue that the traditional view is mistaken; even the several parts of a coincidence may have a common cause. This has important implications for how we think about the relationship between causation and causal explanation—and in particular, for why coincidences cannot be explained.
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  • Distinguishing Between Causes and Enabling Conditions—Through Mental Models or Linguistic Cues?Gregory Kuhnmünch & Sieghard Beller - 2005 - Cognitive Science 29 (6):1077-1090.
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  • Acrasia, Human Agency and Normative Psychology.Michael Kubara - 1975 - Canadian Journal of Philosophy 5 (2):215 - 232.
    Is acrasia possible? Can you do wrong knowingly? Opinion divides. Each, to the other side, is a paradox monger.At issue is the most felicitous set of concepts and principles to bring to descriptions and evaluations of human action. So to speak, such a set is an outline of a script for reality to play: it provides identities and relations in which individuals and events or whatever may be cast. Deniers typically begin with a set that rules acrasia out of court, (...)
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  • Causal superseding.Jonathan F. Kominsky, Jonathan Phillips, Tobias Gerstenberg, David Lagnado & Joshua Knobe - 2015 - Cognition 137 (C):196-209.
    When agents violate norms, they are typically judged to be more of a cause of resulting outcomes. In this paper, we suggest that norm violations also affect the causality attributed to other agents, a phenomenon we refer to as "causal superseding." We propose and test a counterfactual reasoning model of this phenomenon in four experiments. Experiments 1 and 2 provide an initial demonstration of the causal superseding effect and distinguish it from previously studied effects. Experiment 3 shows that this causal (...)
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  • Necessary Connections in Context.Alex Kaiserman - 2017 - Erkenntnis 82 (1):45-64.
    This paper combines the ancient idea that causes necessitate their effects with Angelika Kratzer’s semantics of modality. On the resulting view, causal claims quantify over restricted domains of possible worlds determined by two contextually determined parameters. I argue that this view can explain a number of otherwise puzzling features of the way we use and evaluate causal language, including the difference between causing an effect and being a cause of it, the sensitivity of causal judgements to normative facts, and the (...)
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  • Tacit and accessible understanding of language.Kent Johnson - 2007 - Synthese 156 (2):253 - 279.
    The empirical nature of our understanding of language is explored. I first show that there are several important and different distinctions between tacit and accessible awareness. I then present empirical evidence concerning our understanding of language. The data suggests that our awareness of sentence-meanings is sometimes merely tacit according to one of these distinctions, but is accessible according to another. I present and defend an interpretation of this mixed view. The present project is shown to impact on several diverse areas, (...)
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  • Complicity and causality.John Gardner - 2007 - Criminal Law and Philosophy 1 (2):127-141.
    This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.
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  • Bhopal: An essay on moral responsibility and civic virtue.John Ladd - 1991 - Journal of Social Philosophy 22 (1):73-91.
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