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Causation in the law

Stanford Encyclopedia of Philosophy (2008)

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  1. Processes, pre-emption and further problems.Andreas Hüttemann - 2020 - Synthese 197 (4):1487-1509.
    In this paper I will argue that what makes our ordinary judgements about token causation true can be explicated in terms of interferences into quasi-inertial processes. These interferences and quasi-inertial processes can in turn be fully explicated in scientific terms. In this sense the account presented here is reductive. I will furthermore argue that this version of a process-theory of causation can deal with the traditional problems that process theories have to face, such as the problem of misconnection and the (...)
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  • The Ethical Challenges in the Context of Climate Loss and Damage.Ivo Wallimann-Helmer, Kian Mintz-Woo, Lukas Meyer, Thomas Schinko & Olivia Serdeczny - 2019 - In Reinhard Mechler, Laurens M. Bouwer, Thomas Schinko, Swenja Surminski & JoAnne Linnerooth-Bayer (eds.), Loss and Damage from Climate Change. Springer. pp. 39-62.
    This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...)
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  • Purifying impure virtue epistemology.Fernando Broncano-Berrocal - 2018 - Philosophical Studies 175 (2):385-410.
    A notorious objection to robust virtue epistemology—the view that an agent knows a proposition if and only if her cognitive success is because of her intellectual virtues—is that it fails to eliminate knowledge-undermining luck. Modest virtue epistemologists agree with robust virtue epistemologists that if someone knows, then her cognitive success must be because of her intellectual virtues, but they think that more is needed for knowledge. More specifically, they introduce independently motivated modal anti-luck principles in their accounts to amend the (...)
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  • Genetic traits.Fred Gifford - 1990 - Biology and Philosophy 5 (3):327-347.
    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 (...)
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  • On the Nature of Coincidental Events.Alessandra Melas & Pietro Salis - 2022 - Axiomathes 32 (1):143-68.
    It is a common opinion that chance events cannot be understood in causal terms. Conversely, according to a causal view of chance, intersections between independent causal chains originate accidental events, called “coincidences.” The present paper takes into proper consideration this causal conception of chance and tries to shed new light on it. More precisely, starting from Hart and Honoré’s view of coincidental events, this paper furnishes a more detailed account on the nature of coincidences, according to which coincidental events are (...)
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  • A liberal theory of externalities?Carl David Mildenberger - 2018 - Philosophical Studies 175 (9):2105-2123.
    Unlike exploitative exchanges, exchanges featuring externalities have never seemed to pose particular problems to liberal theories of justice. State interference with exchanges featuring externalities seems permissible, like it is for coercive or deceptive exchanges. This is because exchanges featuring negative externalities seem to be clear cases of the two exchanging parties harming a third one via the exchange—and thus of conduct violating the harm principle. This essay aims to put this idea into question. I will argue that exchanges featuring negative (...)
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  • Causes, Enablers and the Law.Michelle B. Cowley-Cunningham - 2018 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...)
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  • A dynamical systems approach to causation.Peter Fazekas, Balazs Gyenis, Gábor Hofer-Szabó & Gergely Kertesz - 2019 - Synthese 198 (7):6065-6087.
    Our approach aims at accounting for causal claims in terms of how the physical states of the underlying dynamical system evolve with time. Causal claims assert connections between two sets of physicals states—their truth depends on whether the two sets in question are genuinely connected by time evolution such that physical states from one set evolve with time into the states of the other set. We demonstrate the virtues of our approach by showing how it is able to account for (...)
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  • Cementing Science. Understanding Science through Its Development.Veli Virmajoki - 2019 - Dissertation, University of Turku
    In this book, I defend the present-centered approach in historiography of science (i.e. study of the history of science), build an account for causal explanations in historiography of science, and show the fruitfulness of the approach and account in when we attempt to understand science. -/- The present-centered approach defines historiography of science as a field that studies the developments that led to the present science. I argue that the choice of the targets of studies in historiography of science should (...)
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  • Normality, Disease, and Enhancement.Theodore M. Benditt - 2007 - In Harold Kincaid & Jennifer McKitrick (eds.), Establishing medical reality: Methodological and metaphysical issues in philosophy of medicine. Springer Publishing Company. pp. 13-21.
    The vagueness or imprecision of ‘the normal’ allows it to be exploited for various purposes and political ends. It is conspicuous in both medicine and athletics; I am going to try to say something about the normal in each of these areas. In medicine the idea of the normal is often deployed in understanding what constitutes disease and hence, as some see it, in determining the role of physicians, in determining what is or ought to be covered by insurance, and (...)
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  • Negative causation in causal and mechanistic explanation.D. Benjamin Barros - 2013 - Synthese 190 (3):449-469.
    Instances of negative causation—preventions, omissions, and the like—have long created philosophical worries. In this paper, I argue that concerns about negative causation can be addressed in the context of causal explanation generally, and mechanistic explanation specifically. The gravest concern about negative causation is that it exacerbates the problem of causal promiscuity—that is, the problem that arises when a particular account of causation identifies too many causes for a particular effect. In the explanatory context, the problem of promiscuity can be solved (...)
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  • Contrasting associative and statistical theories of contingency judgments.Rick R. Mehta - unknown
    "Blocking" refers to judgments of a moderate contingency being lowered when contrasted with a strong contingency. The Rescorla-Wagner model and causal model theory account for blocking through different mechanisms. To examine the predictions from these two models, seven experiments tested the extent to which "causal scenario" and "causal order" would influence whether blocking was observed in human contingency learning tasks. "Causal scenario" was manipulated by contrasting responses to two causes of one effect or to one cause of two effects; "causal (...)
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  • Not functional yet a difference maker: junk DNA as a case study.Joyce C. Havstad & Alexander F. Palazzo - 2022 - Biology and Philosophy 37 (4):1-27.
    It is often thought that non-junk or coding DNA is more significant than other cellular elements, including so-called junk DNA. This is for two main reasons: because coding DNA is often targeted by historical or current selection, it is considered functionally special and because its mode of action is uniquely specific amongst the other actual difference makers in the cell, it is considered causally special. Here, we challenge both these presumptions. With respect to function, we argue that there is previously (...)
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  • An Actual-Sequence Theology.John Martin Fischer - 2022 - Roczniki Filozoficzne 70 (1):49-78.
    In this paper I develop a sketch of an overall theology that dispenses with “alternative-possibilities” freedom in favor of “actual-sequence” freedom. I hold that acting freely does not require freedom to do otherwise, and that acting freely is the freedom component of moral responsibility. Employing this analytical apparatus, I show how we can offer various important elements of a theology that employs only the notion of acting freely. I distinguish my approach from the important development of Open Theism by William (...)
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  • Interactionism, Post-interactionism, and Causal Complexity: Lessons From the Philosophy of Causation.María Ferreira Ruiz & Jon Umerez - 2021 - Frontiers in Psychology 12.
    In biology and philosophy of biology, discussing the notion of interaction leads to an examination of interactionism, which is, broadly speaking, the view that rejects gene-centrism and gene determinism and instead emphasizes the fact that traits of organisms are always the result of genes and environments. It has long been asserted that the nature-nurture problem requires an interactionist solution of sorts, the so-called interactionist consensus. This consensus, however, has been deemed insufficient and challenged by several authors triggering an extension of (...)
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  • What Caused the Bhopal Gas Tragedy? The Philosophical Importance of Causal and Pragmatic Details.Brian J. Hanley - 2021 - Philosophy of Science 88 (4):616-637.
    In cases in which many causes together bring about an effect, it is common to select some as particularly important. Philosophers since Mill have been pessimistic about analyzing this reasoning because of its variability and the multifarious causal and pragmatic details of how it works. I argue Mill was right to think these details matter but wrong that they preclude philosophical analysis of causal selection. I show that analyzing the pragmatic details of scientific debates about the important causes of the (...)
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  • On the Interpretation and Use of Mediation: Multiple Perspectives on Mediation Analysis.Robert Agler & Paul De Boeck - 2017 - Frontiers in Psychology 8.
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  • Law and Violence.Alexander Guerrero - 2022 - Journal of Ethics and Social Philosophy 22 (1).
    The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence and move to (...)
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  • Normality as Background Causality.Emilio Vicuña - 2022 - Husserl Studies 38 (2):197-220.
    Normality, for Husserl, is said in many ways. While the most detailed treatments of this technical Husserlian concept are usually found in discussions concerning the constitutive dimension of the lived body and intersubjectivity, little attention has been paid to the notion of normality understood as the tacit regularity of nature. Indeed, the normal can also be understood as the causal background which is presupposed, tentatively, in the anticipation of uniform processes of change, as well as in poieticinstrumental experiences, that is, (...)
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  • Research in progress: report on the ICAIL 2017 doctoral consortium.Maria Dymitruk, Réka Markovich, Rūta Liepiņa, Mirna El Ghosh, Robert van Doesburg, Guido Governatori & Bart Verheij - 2018 - Artificial Intelligence and Law 26 (1):49-97.
    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.
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  • How contrast situations affect the assignment of causality in symmetric physical settings.Sieghard Beller & Andrea Bender - 2014 - Frontiers in Psychology 5.
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  • A Janus-faced food industry? : ethical reflections on corporate responsibility for health.Tjidde Tempels - 2019 - Dissertation, Wageningen University and Research
    Food-related non-communicable diseases such as obesity, type 2 diabetes and cardiovascular diseases are key threats to public health. Yet, the responsibility for food-related health harms is contested. While traditionally viewed as mainly an individual responsibility or a governmental responsibility, fingers are nowadays also pointed at the food and beverage industry, as many firms are producing and marketing unhealthy products that contribute to the rise of obesity and other food-related NCDs. Yet, does the behaviour of the industry and the impact its (...)
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  • Is Durkheim the Enemy of Evolutionary Psychology?Schmaus Warren - 2003 - Philosophy of the Social Sciences 33 (1):25-52.
    an exemplar of an approach that takes the human mind to be largely the product of social and cultural factors with negligible contributions from biology. The author argues that on the contrary, his sociological theory of the categories is compatible with the possibility of innate cognitive capacities, taking causal cognition as his example. Whether and to what extent there are such innate capacities is a question for research in the cognitive neurosciences. The extent to which these innate capacities can then (...)
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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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  • Natural Human Rights : A Reply to my Colleagues.Boylan Michael - 2016 - Journal of Applied Ethics and Philosophy 8:41-50.
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