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 (...) superseding effect is dependent on a particular event structure, following a prediction of our counterfactual model. Experiment 4 demonstrates that causal superseding can occur with violations of non-moral norms. We propose a model of the superseding effect based on the idea of counterfactual sufficiency. (shrink)

According to one large family of views, scientific explanations explain a phenomenon (such as an event or a regularity) by subsuming it under a general representation, model, prototype, or schema (see Bechtel, W., & Abrahamsen, A. (2005). Explanation: A mechanist alternative. Studies in History and Philosophy of Biological and Biomedical Sciences, 36(2), 421–441; Churchland, P. M. (1989). A neurocomputational perspective: The nature of mind and the structure of science. Cambridge: MIT Press; Darden (2006); Hempel, C. G. (1965). Aspects of scientific (...) explanation. In C. G. Hempel (Ed.), Aspects of scientific explanation (pp. 331–496). New York: Free Press; Kitcher (1989); Machamer, P., Darden, L., & Craver, C. F. (2000). Thinking about mechanisms. Philosophy of Science, 67(1), 1–25). My concern is with the minimal suggestion that an adequate philosophical theory of scientific explanation can limit its attention to the format or structure with which theories are represented. The representational subsumption view is a plausible hypothesis about the psychology of understanding. It is also a plausible claim about how scientists present their knowledge to the world. However, one cannot address the central questions for a philosophical theory of scientific explanation without turning one’s attention from the structure of representations to the basic commitments about the worldly structures that plausibly count as explanatory. A philosophical theory of scientific explanation should achieve two goals. The first is explanatory demarcation. It should show how explanation relates with other scientific achievements, such as control, description, measurement, prediction, and taxonomy. The second is explanatory normativity. It should say when putative explanations succeed and fail. One cannot achieve these goals without undertaking commitments about the kinds of ontic structures that plausibly count as explanatory. Representations convey explanatory information about a phenomenon when and only when they describe the ontic explanations for those phenomena. (shrink)

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The main ground for rejecting (...) the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications for (...) choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

The purpose of this article is to examine two important issues concerning the agency theory of causality: the charge of anthropomorphism and the relation of simultaneous causation. After a brief outline of the agency theory, sections 2–4 contain the refutation of the three main forms in which the charge of anthropomorphism is to be found in the literature. It will appear that it is necessary to distinguish between the subjective and the objective aspect of the concept of causation. This will (...) lead, in section 5, to contrast two kinds of anthropomorphism, one which has been rightly rejected by modern science and one which is fully compatible with the objective reality of the causal processes. Finally, section 6 will apply the preceding considerations to simultaneous causation. On the one hand, in a basic sense, there can be no simultaneous causal relations. On the other hand, simultaneous causation arises when we consider the natural change by abstracting from the agent and from her/his projects of interven.. (shrink)

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.

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)

The aim of this paper is to apply inductive logic to the field that, presumably, Carnap never expected: legal causation. Legal causation is expressible in the form of singular causal statements; but it is distinguished from the customary concept of scientific causation, because it is subjective. We try to express this subjectivity within the system of inductive logic. Further, by semantic complement, we compensate a defect found in our application, to be concrete, the impossibility of two-place predicates (for causal relationship) (...) in inductive logic. (shrink)

Recent work in psychology and experimental philosophy has shown that judgments of actual causation are often influenced by consideration of defaults, typicality, and normality. A number of philosophers and computer scientists have also suggested that an appeal to such factors can help deal with problems facing existing accounts of actual causation. This article develops a flexible formal framework for incorporating defaults, typicality, and normality into an account of actual causation. The resulting account takes actual causation to be both graded and (...) comparative. We then show how our account would handle a number of standard cases. 1 Introduction2 Causal Models3 The HP Definition of Actual Causation4 The Problem of Isomorphism5 Defaults, Typicality, and Normality6 Extended Causal Models7 Examples7.1 Omissions7.2 Knobe effects7.3 Causes versus background conditions7.4 Bogus prevention7.5 Causal chains7.6 Legal doctrines of intervening causes7.7 Pre-emption and short circuits8 Conclusion. (shrink)

Both philosophers and psychologists have argued for the existence of distinct kinds of explanations, including teleological explanations that cite functions or goals, and mechanistic explanations that cite causal mechanisms. Theories of causation, in contrast, have generally been unitary, with dominant theories focusing either on counterfactual dependence or on physical connections. This paper argues that both approaches to causation are psychologically real, with different modes of explanation promoting judgments more or less consistent with each approach. Two sets of experiments isolate the (...) contributions of counterfactual dependence and physical connections in causal ascriptions involving events with people, artifacts, or biological traits, and manipulate whether the events are construed teleologically or mechanistically. The findings suggest that when events are construed teleologically, causal ascriptions are sensitive to counterfactual dependence and relatively insensitive to the presence of physical connections, but when events are construed mechanistically, causal ascriptions are sensitive to both counterfactual dependence and physical connections. The conclusion introduces an account of causation, an "exportable dependence theory," that provides a way to understand the contributions of physical connections and teleology in terms of the functions of causal ascriptions. (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)

Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (shrink)

In this paper, we do three things. First, we put forth a novel hypothesis about judgments of moral responsibility according to which such judgments are a species of explanatory judgments. Second, we argue that this hypothesis explains both some general features of everyday thinking about responsibility and the appeal of skeptical arguments against moral responsibility. Finally, we argue that, if correct, the hypothesis provides a defense against these skeptical arguments.

Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...) Hitchcock and Knobe (2009). A different view--the basis of the culpable control model of blame (CCM)--is that primary causal status is accorded to behaviors that arouse negative evaluative reactions, including behaviors that stem from nefarious motives, negligence or recklessness, a faulty character, or behaviors that lead to harmful or potentially harmful consequences. This paper describes four empirical studies that show consistent support for the CCM. (shrink)

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.

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)

Negative causation occurs when an absence serves as cause, effect, or causal intermediary. Negative causation is genuine causation, or so I shall argue. It involves no physical connection between cause and effect. Thus causes need not be physically connected to their effects.

Brain-computer interfaces allow agents to control computers without moving their bodies. The agents imagine certain things and the brain-computer interfaces read the concomitant neural activity and operate the computer accordingly. But the use of brain-computer interfaces is problematic for criminal law, which requires that someone can only be found criminally responsible if they have satisfied the actus reus requirement: that the agent has performed some (suitably specified) conduct. Agents who affect the world using brain-computer interfaces do not obviously perform any (...) conduct, so when they commit crimes using brain-computer interfaces it is unclear how they have satisfied actus reus. Drawing on a forthcoming paper by Allan McCay, I suggest three potential accounts of the conduct that satisfies actus reus: the agent’s neural firings, his mental states, and the electronic activity in his brain-computer interface. I then present two accounts which determine how actus reus may be satisfied – one a counterfactual and the other a minimal sufficiency account. These accounts are lent plausibility because they are analogous to the but-for and NESS (Necessary Element in a Sufficient Set) tests for causation which are generally accepted tests for causation in legal theory. I argue that due to the determinations of these accounts and considerations regarding the relationship between the mind and brain, actus reus is satisfied by either the agent’s neural activity or brain-computer interface electrical activity. Which of these satisfies actus reus is determined by how well the brain-computer interface is functionally integrated with the agent. (shrink)

Showcasing original arguments for well-defined positions, as well as clear and concise statements of sophisticated philosophical views, this volume is an ...

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 (...) sense reasoning about causation. This article offers a worked-out example of the indicated analysis. Such example consists of: a definition of the legal concept of responsibility (in terms of liability and accountability); a definition of the legal concept of causation in fact (in terms of the initiation of physical processes by an agent and of the provision of reasons and/or opportunities to other agents); CausatiOnt, an AI-like ontology of the common sense (causal) concepts that are minimally needed for reasoning about the legal concept of causation in fact (in particular, the concepts of category, dimension, object, agent, process, event and act). (shrink)

ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...) and Kolers further suggest that definitions of parenthood are underpinned by the assumption that ‘being causally implicated in the creation of a child is the key basis for being its parent’.2 This paper examines the claim that genetic relatedness is sufficient grounds for parenthood based on a causal connection between genetic parents and their offspring. I argue that parental obligations are about moral responsibility and not causal responsibility because we are not morally accountable for every consequence to which we causally contribute. My account includes the conditions generally held to apply to moral responsibility, i.e. freedom and foreseeability. I argue that parental responsibilities are generated whenever the birth of a child is a reasonably foreseeable consequence of voluntary actions. I consider the implications of this account for third parties involved in reproductive technologies. I argue that under some conditions the obligations generated by freely and foreseeably causing a child to exist can be justifiably transferred to others. (shrink)

Theories of graded causation attract growing attention in the philosophical debate on causation. An important field of application is the controversial relationship between causation and moral responsibility. However, it is still unclear how exactly the notion of graded causation should be understood in the context of moral responsibility. One question is whether we should endorse a proportionality principle, according to which the degree of an agent’s moral responsibility is proportionate to their degree of causal contribution. A second question is whether (...) a theory of graded causation should measure closeness to necessity or closeness to sufficiency. In this paper, we argue that we should indeed endorse a proportionality principle and that this principle supports a notion of graded causation relying on closeness to sufficiency rather than closeness to necessity. Furthermore, we argue that this insight helps to provide a plausible analysis of the so-called ‘Moral Difference Puzzle’ recently described by Bernstein. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of the (...) governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

At the core of the recent debate over moral debunking arguments is a disagreement between explanationist and modalist approaches. Explanationists think that the lack of an explanatory connection between our moral beliefs and the moral truths, given a non-naturalist realist conception of morality, is a reason to reject non-naturalism. Modalists disagree. They say that, given non-naturalism, our beliefs have the appropriate modal features with respect to truth -- in particular they are safe and sensitive -- so there is no problem. (...) -/- There is something of a stand-off here. I argue, though, that by looking at the role explanatory and modal factors have to play in theory choice more generally, and, in particular, by considering the practice of theory choice in science, we can see that the explanationist is right. The lack of an explanatory connection between our moral beliefs and the moral truths is a reason to reject non-naturalist realism about morality. (shrink)

Recent authors hold that the role of historical scholarship within contemporary philosophical practice is to question current assumptions, to expose vestiges or to calibrate intuitions. On these views, historical scholarship is dispensable, since these roles can be achieved by nonhistorical methods. And the value of historical scholarship is contingent, since the need for the role depends on the presence of questionable assumptions, vestiges or comparable intuitions. In this paper I draw an analogy between scientific and philosophical practice, in order to (...) float one role for historical scholarship that is nonreplicable and noncontingent. It has long been acknowledged that cognitive values – features of theories that facilitate understanding, such as ontological parsimony, ideological simplicity, computational ease and fecundity – play a key role within science. The role of some of these values within philosophy also has received attention but left understudied are the values of novelty and conservativeness. These values influence theory choice, the selection of methodology, the setting of research agenda, and the presentation of results; and are best assessed with a historically informed evaluation. This role for historical scholarship is not replicable by nonhistorical methods, and is not contingent on the presence of questionable assumptions, vestiges or comparable intuitions. (shrink)

This paper explores the prospects of employing a functional approach in order to improve our concept of actual causation. Claims of actual causation play an important role for a variety of purposes. In particular, they are relevant for identifying suitable targets for intervention, and they are relevant for our practices of ascribing responsibility. I argue that this gives rise to the _challenge of purpose_. The challenge of purpose arises when different goals demand adjustments of the concept that pull in opposing (...) directions. More specifically, I argue that a common distinction between certain kinds of preempted and preempting factors is difficult to motivate from an interventionist viewpoint. This indicates that an appropriately revised concept of actual causation would not distinguish between these two kinds of factors. From the viewpoint of retributivist responsibility, however, the distinction between preempted and preempting factors sometimes is important, which indicates that the distinction should be retained. (shrink)

Some actions we perform “just like that” without taking a means, e.g., raising your arm or wiggling your finger. Other actions—the nonbasic actions—we perform by taking a means, e.g., voting by raising your arm or illuminating a room by flipping a switch. A nearly ubiquitous view about nonbasic action is that one's means to a nonbasic action constitutes the nonbasic action, as raising your arm constitutes voting or flipping a switch constitutes illuminating a room. In this paper, I challenge this (...) view. I argue that one's means to a nonbasic action can cause rather than constitute it. In the process, we gain a clearer understanding of the scope of our agency—one that includes mental actions such as judgment and decision—and the pluralistic nature of basic features of action including control, purposefulness, and agent participation. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

This article explores the construction of offences as ‘accidental’ in police-suspect interactions. The data comprise audio-recorded investigative interviews, which were analysed using conversation analysis. In these interviews, suspects often do not explicitly state the nature of their defence when answering police officers’ questions; instead, suspects’ defensive practices or techniques are embedded in the narrative accounts they give of what happened, thus exhibiting rather claiming their ‘innocence’. My focus here is on a particular type of defence, namely, one in which suspects (...) portray an event as having been ‘accidental’. I show that this defence of ‘accident’ is associated with several discourse features including: building a plausible and trivial context in which the untoward incident occurred, describing the untoward action or series of actions, using impersonal or agentless constructions, and representing the disproportionality between the putative victim’s reaction and the aggressor’s untoward conduct. The accountability of these descriptions, however, does not rely on one unique feature, but rather on suspects’ ability to combine these features in such a way that each establishes the grounds for others. (shrink)

Philosophers have already recognized the importance of causal preemption involving “positive” events. First, preemption with positive events raises problems for counterfactual theories of causation. Second, theories of moral and legal responsibility rely heavily on the concept of causation, so accurately assessing responsibility in preemption cases requires correctly assessing their causal structure. However, philosophers have not discussed preemption involving “negative” events or omissions. This paper argues that cases of preemptive omissions exist and have important implications for theories of causation and for (...) moral and legal responsibility. Of theoretical importance, the alterations made to counterfactual theories of causation to address preemption with positive events do not seem to work for accommodating preemptive omissions. Of practical importance, there have been actual legal cases involving preemptive omissions, and at least one such case was, this paper contends, decided incorrectly on erroneous causal grounds. This paper identifies what must happen for preemptive omissions to obtain. It then argues for the existence of preemptive omissions by constructing a series of cases and drawing structural parallels between preemption cases with positive events and cases with omissions. It ultimately presents a formula for generating preemptive omissions and examines both why “traditional” methods of generating preemption fail for omissions and why the proposed method avoids such concerns. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

According to the theory developed here, we may trace out the processes emanating from a cause in such a way that any consequence lying along one of these processes counts as an effect of the cause. This theory gives intuitive verdicts in a diverse range of problem cases from the literature. Its claims about causation will never be retracted when we include additional variables in our model. And it validates some plausible principles about causation, including Sartorio's ‘Causes as Difference Makers’ (...) principle and Hitchcock's ‘Principle of Sufficient Reason’. (shrink)

In this dissertation I develop a pluralist theory of actual causation. I argue that we need to distinguish between total, path-changing, and contributing actual causation. The pluralist theory accounts for a set of example cases that have raised problems for extant unified theories and it is supported by considerations about the various functions of causal concepts. The dissertation also analyses the context-sensitivity of actual causation. I show that principled accounts of causal reasoning in legal inquiry face limitations and I argue (...) that the context-sensitivity of actual causation is best represented by a distinction between default and deviant states in causal models. (shrink)

This paper is on the problem of profligate omissions. The problem is that counterfactual definitions of causation identify as a cause anything that could have prevented an effect but that did not actually occur, which is a highly counterintuitive result. Many solutions of this problem appeal to normative, epistemic, pragmatic, or metaphysical considerations. These existing solutions are in some sense substantive. In contrast, this paper concentrates on the semantics of counterfactuals. I propose to replace Strong Centering with Weak Centering. This (...) allows that the actual world is not the only world that is closest to the actual world. As a result, some counterfactuals that would otherwise have been true, turn out to be false. When these counterfactuals concern causation, fewer causal claims are true. In addition to describing steps towards solving the problem of profligate omissions, the proposal captures an abstraction that is shared by many of the existing solutions: depending on how the distance ordering underlying the Weak Centering condition is constructed and interpreted, some of these existing solutions can be recovered. (shrink)

This chapter presents a series of experiments that elicit causal judgments using statements that do not include the verb "to cause". In particular, our interest is in exploring the extent to which previously observed effects of normative considerations on agreement with what we call "cause"-statements, i.e. those of the form "X caused ..." extend as well to those of the form "X V-ed Y", where V is a lexical causative. Our principal finding is that in many cases the effects do (...) not extend in this way, and moreover that the cases where we do find the same pattern are those where the causal verb used has a negative valence of its own. We draw two main conclusions from this finding. First, it reveals how the almost exclusive focus on "cause"-statements in the experimental study of causal judgment has led to findings that are unrepresentative of the full range of ordinary causal thinking, and provides a proof of concept as to how this thinking can be studied in its full variety. Second, the results of our experiments provide significant indirect support for the contention that the effect of moral considerations on agreement with "cause"-statements reflect the fact that these statements are most often used to assign responsibility for an event, and not just to describe the causal structure of what happened. It is not causal judgments in general that result from a process in which normative considerations play a role, but perhaps only those judgments that express a determination of moral responsibility. (shrink)

Much of our ordinary thought and talk about responsibility exhibits what I call the ‘pie fallacy’—the fallacy of thinking that there is a fixed amount of responsibility for every outcome, to be distributed among all those, if any, who are responsible for it. The pie fallacy is a fallacy, I argue, because how responsible an agent is for some outcome is fully grounded in facts about the agent, the outcome and the relationships between them; it does not depend, in particular, (...) on how responsible anyone else is for that same outcome. In this paper, I explore how the pie fallacy can arise by considering several different kinds of case in which two or more agents are responsible for the same outcome. I’ll end with some brief remarks on the potential consequences of my arguments for how to think about responsibility in war. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

This paper contributes to two topics that have received insufficient attention in science and technology studies: the social dimensions of causal reasoning and how the knowledge-making site of expert testimony affects the production and reception of social scientific knowledge. It deals with how social scientists make causal claims when testifying as expert witnesses in trials where causal claims are relevant, using as a case study the so-called L’Aquila trial, in which experts were summoned by the parties to testify on the (...) causes of risk-related behavior by the inhabitants of an Italian city in early 2009. In particular, I analyze the process of selection of causal loci, the attribution and removal of agency, the increase and decrease of causal factors in the explanation of an event, and the delimitation of the explanandum. As a general insight derived from the case, it is argued that the position of experts in a trial––which side summons them––may be a more important factor than their branch of expertise to account for certain types of these practices. (shrink)

We can cause windows to break and we can break windows; we can cause villages to flood and we can flood villages; and we can cause chocolate to melt and we can melt chocolate. Each time these can come apart: if, for example, A merely instructs B to break the window, then A causes the window to break without breaking it herself. Each instance of A breaking/flooding/melting/burning/killing/etc. something, is an instance of what I call making. I argue that making is (...) an independent, theoretically important notion—akin but irreducible to causing—and metaphysicians should pay attention to it. (shrink)

How do people judge the degree of causal responsibility that an agent has for the outcomes of her actions? We show that a relatively unexplored factor -- the robustness of the causal chain linking the agent’s action and the outcome -- influences judgments of causal responsibility of the agent. In three experiments, we vary robustness by manipulating the number of background circumstances under which the action causes the effect, and find that causal responsibility judgments increase with robustness. In the first (...) experiment, the robustness manipulation also raises the probability of the effect given the action. Experiments 2 and 3 control for probability-raising, and show that robustness still affects judgments of causal responsibility. In particular, Experiment 3 introduces an Ellsberg type of scenario to manipulate robustness, while keeping the conditional probability and the skill deployed in the action fixed. Experiment 4, replicates the results of Experiment 3, while contrasting between judgments of causal strength and of causal responsibility. The results show that in all cases, the perceived degree of responsibility increases with the robustness of the action-outcome causal chain. (shrink)

According to various “harm-based” approaches to the non-identity problem, an action that brings a particular child into existence can also harm that child, even if his or her life is worth living. In the third chapter of The Non-Identity Problem and the Ethics of Future People, David Boonin surveys a variety of harm-based approaches and argues that none of them are successful. In this paper I argue that his objections to these various approaches do not impugn a harm-based approach that (...) Boonin does not consider, an approach I call the “existence solution to the non-identity problem.” I also argue that the existence solution is more plausible than Boonin’s own proposed solution. (shrink)

Why act when the effects of one’s act are negligible? For example, why boycott sweatshop or animal products if doing so makes no difference for the better? According to recent proposals, one may still have a reason to boycott in order to avoid complicity or participation in harm. Julia Nefsky has argued that accounts of this kind suffer from the so-called “superfluity problem,” basically the question of why agents can be said to participate in harm if they make no difference (...) to it. This paper develops and responds to Nefsky’s challenge. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm (...) ground this liability in the luck egalitarian thought that we may justly hold individuals responsible for the consequences of their voluntary choices. Against this, I argue that a luck egalitarian commitment to holding people responsible cannot, by itself, ground liability to defensive harm. It can help ground such liability only against the backdrop of a distributively just society, and only if further considerations speak morally in favour of attaching certain well-defined costs to individuals’ risk-imposing choices. I conclude by suggesting that if an account of liability applies robustly across distributively just and unjust contexts alike, then what grounds an agent’s liability is plausibly not her responsibility for threatening objectively unjustified harm, but her culpability for doing so. (shrink)

A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...) between attempts and completed crimes, and also for the distinction between attempts and mere preparations. I then suggest that cases of deviant causation undermine notions of legal liability for completed crimes in terms of actus reus and mens rea, and argue that natural accounts of negligence misclassify some cases involving deviant causal chains. After diagnosing several conceptual vulnerabilities in the law revealed by deviant causal chains, I show that natural strategies for shoring up legal theories in the face of these examples are unpromising. (shrink)

I provide a theory of causation within the causal modeling framework. In contrast to most of its predecessors, this theory is model-invariant in the following sense: if the theory says that C caused (didn't cause) E in a causal model, M, then it will continue to say that C caused (didn't cause) E once we've removed an inessential variable from M. I suggest that, if this theory is true, then we should understand a cause as something which transmits deviant or (...) non-inertial behavior to its effect. (shrink)

According to the Standard View, a doctor who withdraws life-sustaining treatment does not kill the patient but rather allows the patient to die—an important distinction, according to some. I argue that killing can be understood in either of two ways, and given the relevant understanding, the Standard View is insulated from typical criticisms. I conclude by noting several problems for the Standard View that remain to be fully addressed.