Legal scholars and philosophers have long debated the moral standing of the act-omission distinction, with some favoring the view that actions ought to be considered as morally different from omissions, while others disagree. Several empirical studies suggest that people judge actions that cause harm as worse than omissions that cause the same harm with the implication that our folk psychology commonly perceives this distinction as morally significant. Here we explore the robustness of people's moral intuitions, and in particular, whether the (...) omission bias can be eliminated in the face of explicit and familiar laws that take away the moral standing of the distinction between actions and omissions. We show that although Dutch law allows both active and passive euthanasia, and although our Dutch participants were well aware of this law and supported it, they nonetheless showed a robust omission bias across a wide range of moral dilemmas. We conclude by discussing the relationship between our folk moral intuitions and explicit moral rules that are handed down by law and religion. (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)

This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.

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.

A series of recent studies have explored the impact of people's judgments regarding physical law, morality, and probability. Surprisingly, such studies indicate that these three apparently unrelated types of judgments often have precisely the same impact. We argue that these findings provide evidence for a more general hypothesis about the kind of cognition people use to think about possibilities. Specifically, we suggest that this aspect of people's cognition is best understood using an idea developed within work in the formal semantics (...) tradition, namely the notion of modality. On the view we propose, people may have separate representations for physical, moral and probabilistic considerations, but they also integrate these various considerations into a unified representation of modality. (shrink)

This paper argues against incorporating assessments of individual responsibility into healthcare policies by expanding an existing argument and offering a rebuttal to an argument in favour of such policies. First, it is argued that what primarily underlies discussions surrounding personal responsibility and healthcare is not causal responsibility, moral responsibility or culpability, as one might expect, but biases towards particular highly stigmatised behaviours. A challenge is posed for proponents of taking personal responsibility into account within health policy to either expand the (...) debate to also include socially accepted behaviours or to provide an alternative explanation of the narrowly focused discussion. Second, a critical response is offered to arguments that claim that policies based on personal responsibility would lead to several positive outcomes including healthy behaviour change, better health outcomes and decreases in healthcare spending. It is argued that using individual responsibility as a basis for resource allocation in healthcare is unlikely to motivate positive behaviour changes, and is likely to increase inequality which may lead to worse health outcomes overall. Finally, the case of West Virginia's Medicaid reform is examined, which raises a worry that policies focused on personal responsibility have the potential to lead to increases in medical spending overall. (shrink)

Individuals are often causally inconsequential parts of highly consequential wholes. If each individual is causally inconsequential, and what she does makes no causal difference, we may be inclined to absolve each of causal responsibility for the consequences of what occurs as a result of the larger whole of which each is a part. But there is another form of responsibility – constitutive responsibility. Whatever the causal consequences may be, each individual constitutes part of that whole and each therefore bears responsibility (...) of at least that sort for the whole. (shrink)

Suppose someone (P1) does something that is wrongful only in virtue of the risk that it will enable another person (P2) to commit a wrongdoing. Suppose further that P1’s conduct does indeed turn out to enable P2’s wrongdoing. The resulting wrong is agentially mediated: P1 is an enabling agent and P2 is an intervening agent. Whereas the literature on intervening agency focuses on whether P2’s status as an intervening agent makes P1’s conduct less bad, I turn this issue on its (...) head by investigating whether P1’s status as an enabling agent makes P2’s conduct more bad. I argue that it does: P2 wrongs not just the victims of ϕ but P1 as well, by acting in a way that wrongfully makes P1 accountable for ϕ. This has serious implications for compensatory and defensive liability in cases of agentially mediated wrongs. (shrink)

This thesis is an attempt to clarify a concept we are all familiar with, engineers and non-engineers alike. It shows that, behind the first impression of familiarity, there is a wide range of intuitions about failure which are not easily reconciled. While the ensuing ambiguities and lack of clarity may be tolerated in ordinary circumstances, engineers strive for precision and efficiency. These qualities become even more relevant given that engineering activities are increasingly carried out by multidisciplinary and multicultural teams. The (...) chapters included in this thesis illustrate that pursuing conceptual clarification may result in valuable contributions to the existing literature. The identification of tacit assumptions that, so far, have gone undetected can help bringing some degree of order and unity to discussions that have shown a tendency towards fragmentation along disciplinary boundaries. As a whole, these chapters constitute the preliminaries of a conceptual framework that, once supplemented with additional engineering and philosophical contributions, may embrace the multiple facets of failure; a rather complex tangle of phenomena which, despite engineers’ efforts to rein it in, is not going to disappear from the engineering agenda anytime soon. (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)

This paper develops axiomatic foundations for a probabilistic-interventionist theory of causal strength. Transferring methods from Bayesian confirmation theory, I proceed in three steps: I develop a framework for defining and comparing measures of causal strength; I argue that no single measure can satisfy all natural constraints; I prove two representation theorems for popular measures of causal strength: Pearl's causal effect measure and Eells' difference measure. In other words, I demonstrate these two measures can be derived from a set of plausible (...) adequacy conditions. The paper concludes by sketching future research avenues. (shrink)

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)

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)

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.

One of the most commonplace worries about humanitarian intervention relates to the perverse incentives that it might create, or the adverse reactions that it might provoke. For instance, it is sometimes said that by weakening the norm of sovereignty humanitarian intervention can encourage unscrupulous states to wage aggressive wars of self-interest using human rights as a pretense. It is feared, in other words, that humanitarian intervention—even when it has the purest motives—might ultimately do more harm than good by inciting unwanted (...) reactions from other states or substate groups. I will refer to these kinds of knock-on effects as the mediated consequences of intervention. They are brought about via the interceding agency of parties other than the intervener. It is generally assumed that when judging the proportionality of a humanitarian intervention, these consequences must be factored into the equation. If an intervention is expected to provoke adverse reactions the accumulated costs of which will outweigh the benefits that the intervention will deliver, then the intervention is thought to be disproportional and, therefore, unjustified. I want to challenge this assumption. I begin by considering what the principle of proportionality can reasonably demand of rebels who are defending their own basic rights against an oppressive government. I argue that a rebellion in such circumstances cannot plausibly be rendered impermissible solely by the expectation of negative mediated consequences, even when those consequences outweigh the anticipated benefits of the rebellion. This would seem to imply that rebels may discount mediated consequence from the proportionality calculus. But if this is so, do we have sound reasons for withholding the same prerogative from humanitarian interveners pursuing similar ends and using similar means? Can we justify asymmetric standards of proportionality? (shrink)

Many philosophical theories of causation are egalitarian, rejecting a distinction between causes and mere causal conditions. We sought to determine the extent to which people's causal judgments discriminate, selecting as causes counternormal events—those that violate norms of some kind—while rejecting non-violators. We found significant selectivity of this sort. Moreover, priming that encouraged more egalitarian judgments had little effect on subjects. We also found that omissions are as likely as actions to be judged as causes, and that counternormative selectivity appears to (...) apply equally to actions and omissions. (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)

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)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (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)

There have recently been a number of strong claims that normative considerations, broadly construed, influence many philosophically important folk concepts and perhaps are even a constitutive component of various cognitive processes. Many such claims have been made about the influence of such factors on our folk notion of causation. In this paper, we argue that the strong claims found in the recent literature on causal cognition are overstated, as they are based on one narrow type of data about a particular (...) type of causal cognition; the extant data do not warrant any wide-ranging conclusions about the pervasiveness of normative considerations in causal cognition. Of course, almost all empirical investigations involve some manner of ampliative inference, and so we provide novel empirical results demonstrating that there are types of causal cognition that do not seem to be influenced by moral considerations. (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.

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)

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)

Recent work in experimental philosophy shows that folk intuitions about moral responsibility are sensitive to a surprising variety of factors. Whether people take agents to be responsible for their actions in deterministic scenarios depends on whether the deterministic laws are couched in neurological or psychological terms (Nahmias et. al. 2007), on whether actions are described abstractly or concretely, and on how serious moral transgression they seem to represent (Nichols & Knobe 2007). Finally, people are more inclined to hold an agent (...) responsible for bringing about bad than for bringing about good side effects that the agent is indifferent about (Knobe 2003). Elsewhere, we have presented an analysis of the everyday concept of moral responsibility that provides a unified explanation of paradigmatic cases of moral responsibility, and accounts for the force of both typical excuses and the most influential skeptical arguments against moral responsibility or for incompatibilism. In this article, we suggest that it also explains the divergent and apparently incoherent set of intuitions revealed by these new studies. If our hypothesis is correct, the surprising variety of judgments stems from a unified concept of moral responsibility. -Knobe, J. (2003) Intentional Action and Side Effects in Ordinary Language. Analysis 63, pp.190–93. -Nahmias, E.; Coates, J.; Kvaran. T. (2007) Free will, moral responsibility, and mechanism: experiments on folk intuitions. Midwest studies in Philosophy XXXI -Nichols, S.; Knobe, J. (2007) Moral responsibility and determinism: the cognitive science of folk intuitions, Noûs 41:4, 663-685. (shrink)

Good explanations are not only true or probably true, but are also relevant to a causal question. Current models of causal explanation either only address the question of the truth of an explanation, or do not distinguish the probability of an explanation from its relevance. The tasks of scenario construction and conversational explanation are distinguished, which in turn shows how scenarios can interact with conversational principles to determine the truth and relevance of explanations. The proposed model distinguishes causal discounting from (...) causal backgrounding , and makes predictions concerning the differential effects of contextual information about alternative explanations on: (a) the kind of mental models constructed; (b) belief revision about probable cause; and (c) the perceived quality of a focal explanation. Four experiments are reported that test these predictions. The significance of the notion of explanatory relevance for research on causal explanation is then discussed. (shrink)

In this article we describe two core ontologies of law that specify knowledge that is common to all domains of law. The first one, FOLaw describes and explains dependencies between types of knowledge in legal reasoning; the second one, LRI-Core ontology, captures the main concepts in legal information processing. Although FOLaw has shown to be of high practical value in various applied European ICT projects, its reuse is rather limited as it is rather concerned with the structure of legal reasoning (...) than with legal knowledge itself: as many other “legal core ontologies”, FOLaw is therefore rather an epistemological framework than an ontology. Therefore, we also developed LRI-Core. As we argue here that legal knowledge is based to a large extend on common-sense knowledge, LRI-Core is particularly inspired by research on abstract common-sense concepts. The main categories of LRI-Core are: physical, mental and abstract concepts. Roles cover in particular social worlds. Another special category are occurrences; terms that denote events and situations. We illustrate the use of LRI-Core with an ontology for Dutch criminal law, developed in the e-Court European project. (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)

I explore the problem of ``probabilistic causal preemption'' in the context of a``propensity trajectory'' theory of singular probabilistic causation. This involvesa particular conception of events and a substantive thesis concerning events soconceived.

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)

Claims concerning processes, claims of the form “xisφing”, 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 “xisφing” is true when what is happening withxis 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 “xisφing” describesx's intentional action, it is true iffxis 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)

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)

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, (...) recasting alleged examples in a different explanatory mold. Affirmers typically begin with plausible examples and look for a theoretical framework to place them in, taking those that disallow it to be absurd. But any denier, on legitimate dialectical grounds, can point out that such a reductio is a petitio. So it is a resilient issue, still with us after being bounced around so much in history. (shrink)

Means-based harms are frequently seen as forbidden, even when they lead to a greater good. But, are there mitigating factors? Results from five experiments show that judgments about means-based harms are modulated by: 1) Pareto considerations (was the harmed person made worse off?), 2) the directness of physical contact, and 3) the source of the threat (e.g. mechanical, human, or natural). Pareto harms are more permissible than non-Pareto harms, Pareto harms requiring direct physical contact are less permissible than those that (...) do not, and harming someone who faces a mechanical threat is less permissible than harming someone who faces a non-mechanical threat. These results provide insight into the rich representational structure underlying folk-moral computations, including both the independent and interacting roles of the inevitability, directness and source of harm. (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*.

Some have argued that our intuitive reactions to a number of cases of moral responsibility can only be preserved at the expense of a unified account of moral responsibility for acts and omissions. I argue against this conclusion, proposing that a plausible condition on responsibility, the Causal Condition can, when properly elaborated, justify the relevant intuitive data.

Recognizing that all traits are the result of an interaction between genes and environment, I offer a set of criteria for nevertheless making sense of our practice of singling out certain traits as genetic ones, in effect making a distinction between causes and mere conditions. The central criterion is that a trait is genetic if it is genetic differences that make the differences in that trait variable in a given population. A second criterion requires that genetic traits be individuated in (...) a way that matches what some genetic factors cause specifically. Clarifying our causal and classificatory language here can help us to avoid confusions of both theoretical and practical significance. (shrink)

On July 27th, 2013, Sammy Yatim was shot and killed by Toronto Police Services’ Constable James Forcillo during a verbal confrontation on a streetcar as Yatim brandished a switchblade knife. Forcillo was charged, initially with second degree murder, and later attempted murder—a decision that confused media commentators as attempted murder is a lesser-and-included offense to second degree murder in Canadian law. In January 2016, Forcillo was found not guilty of second degree murder and guilty of attempted murder. Video evidence, recovered (...) from the streetcar’s onboard security cameras, was described by the presiding judge, Justice Edward Then, as proving beyond a reasonable doubt that Forcillo’s testimony was unreliable, especially in light of other evidence. This paper examines the use of video evidence to arrive at a ‘compromise verdict’ and the paradox of being convicted of attempting to murder someone who was killed. (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)

Le concept de responsabilité vient généralement et spontanément à l'esprit de la plupart d'entre nous quand il est question d'action humaine. Il est surprenant pour cette raison que dans l'histoire de la philosophie de l'action, particulièrement l'histoire récente, la responsabilité ait été tenue autant à l'écart des discussions. En effet, après avoir joué chez les philosophes de la première génération suivant Wittgenstein, comme Hart, Melden, Chisholm et Rayfield, un rôle important, le concept de responsabilité a été, semble-t-il, progressivement évacué des (...) débats en philosophie analytique de l'action. Évidemment, l'action est encore affaire de responsabilité, puisque toute action peut être en principe sujette à une évaluation normative. Mais c'est le processus par lequel on en vient à évaluer la responsabilité d'une action qui ne semble plus faire partie des préoccupations des philosophes de l'action. Ceux-ci considèrent en général que de telles attributions devraient rester du resort de l'éthique ou du droit et n'ont rien à voir avec l'entreprise de la philosophie de l'action contemporaine qui, a bien des egards, se definit tout d'abord comme une extension de la philosophie de l'esprit. (shrink)

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 (...) the Semantic Web. (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)

The paper addresses a puzzle about the proportionality requirement on self-defense due to L. Alexander. Indirectly the puzzle is also relevant to the proportionality requirement on punishment, insofar as the right to punish is derived from the right to self-defense. Alexander argues that there is no proportionality requirement on either self-defense or punishment, as long as the aggressor/offender has been forewarned of the risk of a disproportional response. To support his position Alexander appeals to some puzzle cases, challenging us to (...) explain why the requirement applies in some of them when it clearly does not in others. The paper responds to his challenge by answering two questions: why does the proportionality requirement exist in the first place, and when does it apply? The paper argues that the requirement holds because of our need to protect our rights from violation, and that it applies to cases where the person defending his rights counts as having imposed a cost on one of the offender’s options. An account is offered of when such cost imposition occurs. (shrink)

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)