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)

One of the most popular arguments in favor of dualism is the zombie-conceivability argument. It is often argued that the possibility of zombies would entail that mental properties are epiphenomenal. This paper attempts to defuse the argument, offering a model of dualist mental causation which can serve as a basis for a modified, interactionist-friendly zombie argument.

It seems intuitive to think that if you contribute more to an outcome, you should be more morally responsible for it. Some philosophers think this is correct. They accept the thesis that ceteris paribus one's degree of moral responsibility for an outcome is proportionate to one's degree of causal contribution to that outcome. Yet, what the degree of causal contribution amounts to remains unclear in the literature. Hence, the underlying idea in this thesis remains equally unclear. In this article, I (...) will consider various plausible criteria for measuring degrees of causal contribution. After each of these criteria, I will show that this thesis entails implausible results. I will also show that there are other plausible theoretical options that can account for the kind of cases that motivate this thesis. I will conclude that we should reject this thesis. (shrink)

Setting off from a familiar distinction in the philosophy of properties, this paper introduces a tripartite distinction between sparse causation, abundant causation and mere abundant causation. It is argued that the contrast between sparse and mere abundant causation allows us to resolve notorious philosophical issues having to do with negative causation, causation involving institutional properties and physical macro-causation in a way that is unified, intuitive and in line with scientific doctrines and practices.

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)

Which country, politician, or policy is more of a cause of the Covid-19 pandemic death toll? Which of the two factories causally contributed more to the pollution of the nearby river? A wide-ranging portion of our everyday thought and talk, and attitudes rely on a graded notion of causation. However, it is sometimes highlighted that on most contemporary accounts, causation is on-off. Some philosophers further question the legitimacy of talk of degrees of causation and suggest that we avoid it. Some (...) hold that the notion of degrees of causation is an illusion. In this paper, I’ll argue that causation does come in degrees. (shrink)

When the absence of an event causes some outcome, it is an instance of omissive causation. For instance, not eating lunch may cause you to be hungry. Recent psychological proposals concur that the mind represents causal relations, including omissive causal relations, through mental simulation, but they disagree on the form of that simulation. One theory states that people represent omissive causes as force vectors; another states that omissions are representations of contrasting counterfactual simulations; a third argues that people think about (...) omissions by representing sets of iconic possibilities – mental models – in a piecemeal fashion. In this paper, we tease apart the empirical predictions of the three theories and describe experiments that run counter to two of them. Experiments 1 and 2 show that reasoners can infer temporal relations from omissive causes – a pattern that contravenes the force theory. Experiment 3 asked participants to list the possibilities consistent with an omissive cause – it found that they tended to list particular privileged possibilities first, most often, and faster than alternative possibilities. The pattern is consistent with the model theory, but inconsistent with the contrast hypothesis. We marshal the evidence and explain why it helps to solve a long-standing debate about how the mind represents omissions. (shrink)

Um dos grandes desafios da era da informação consiste em filtrar informações claras, rigorosas e atualizadas sobre tópicos importantes. O mesmo vale para a filosofia. Como encontrar conteúdo filosófico confiável em meio a milhares de artigos publicados diariamente na internet? Para ir ainda mais longe, como encontrar uma introdução a algum tópico com uma lista de referências bibliográficas atualizadas e que seja organizada por um especialista da área? Já que você começou a ler este livro, é provável que tenha ouvido (...) falar em algum momento da Enciclopédia Stanford de Filosofia, disponível gratuitamente na internet desde 1995. A página da Stanford faz exatamente isso. Ela cobre inúmeros verbetes sobre quase tudo em filosofia, oferecendo informação confiável sobre temas como feminismo, filosofia na América Latina, zumbis, metafísica e milhares de outros tópicos. A sugestão típica aos profissionais da filosofia que têm interesse em começar a estudar algum tópico, mas não sabem sequer por onde começar, é procurar pelo verbete relevante da Stanford. Infelizmente, o grande empecilho da página para o nosso contexto é que todos os verbetes estão disponíveis apenas em inglês, algo que cria um obstáculo a inúmeros estudantes e interessados que não dominam a língua. Neste sentido, acreditamos que esta publicação preencha um hiato importante na filosofia brasileira. Embora a filosofia no Brasil tenha se profissionalizado e expandido ao longo dos anos, há ainda lacunas em diversas áreas, e os verbetes foram aqui selecionados cuidadosamente no intuito de preencher ao menos algumas dessas lacunas. Este livro apresenta quatro verbetes cruciais para a filosofia, aqui divididos em quatro capítulos: (1) condições necessárias e suficientes, (2) referência (3) causação e (4) consciência. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Ethical investors are widely thought of as having two main goals. The negative goal of avoiding their investments to be morally tainted. The positive goal to further a certain ethical value they embrace or some normatively laden idea they hold by investing their money in a certain company. In light of these goals, the purpose of this paper is to provide an account of how we can explicitly include investors’ intentions when conceiving of ethical investment. The central idea is that (...) an investor’s intentions may act as both a negative and a positive qualifier for making investing ethical. If we subscribe to this account, there are interesting upshots with respect to how ethical investing compares to ethical giving as effective altruists construe it. (shrink)

The modal account of luck has become very popular and influential in the past decade. More recently, some of its proponents have also put forth a modal account of risk and argued that we ought to apply it to problems both in and out of philosophy. This paper tries to show that modal conceptions of luck and risk are mistaken.

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)

Adverbialist theories of thought such as those advanced by Hare and Sellars promise an ontologically sleek understanding of a variety of intentional states, but such theories have been largely abandoned due to the ‘many-property problem’. In an attempt to revitalize this otherwise attractive theory, in a series of papers as well as his recent book, Uriah Kriegel has offered a novel reply to the ‘many-property problem’ and on its basis he argues that ‘adverbialism about intentionality is alive and well’. If (...) true, Kriegel will have shown that the logical landscape has long been unnecessarily constrained. His key idea is that the many-property problem can be overcome by appreciating that mental states stand in the determinable–determinate relation to one another. The present paper shows that this relation can’t save adverbialism because it would require thinkers to think more thoughts than they need be thinking. (shrink)

Imagine you and your friend Pierre agreed on meeting each other at a café, but he does not show up. What is the difference between a friend’s not showing up meeting? and any other person not coming? In some sense, all people who did not come show the same kind of behaviour, but most people would be willing to say that the absence of a friend who you expected to see is different in kind. In this paper, I will spell (...) out this difference by investigating laypeople’s conceptualisation of absences of actions in four experiments. In languages such as German, French, Italian, or Polish, people consider a friend’s not coming an omission. Any other person’s not coming, in contrast, is not considered an omission at all, but just a mere nothing. This use of the term omission differs from the usage in English, where ‘omission’ refers to all kinds of absences. In addition, ‘omission’ is not even an everyday term, but invented by philosophers for the sake of philosophical investigation. In other languages, ‘omission’ is part of an everyday vocabulary. Finally, I will discuss how this folk concept of omission could be made fruitful for philosophical questions. (shrink)

In this paper, I argue that sentences that contain ‘omission’ tokens that appear to function as singular terms are meaningful while maintaining the view that omissions are nothing at all or mere absences. I take omissions to be fictional entities and claim that the way in which sentences about fictional characters are true parallels the way in which sentences about omissions are true. I develop a pragmatic account of fictional reference and argue that my fictionalist account of omissions implies a (...) plausible account of the metaphysics of omissions. (shrink)

It is typically assumed that actions are events, but there is a growing consensus that negative actions, like omissions and refrainments, are not events, but absences thereof. If so, then we must either deny the obvious, that we can exercise our agency by omitting and refrainment, or give up on event-based theories of agency. I trace the consensus to the assumption that negative action sentences are negative-existentials, and argue that this is false. The best analysis of negative action sentences treats (...) them as quantifying over omissions and refrainments, conceived of as events. (shrink)

This paper deals with the relationship between legal responsibility and causation. I argue that legal responsibility is not necessarily rooted in causation. The general claim I aim to disprove is that responsibility is descriptive because it is fundamentally rooted in causality, and causality is metaphysically real and founded. My strategy is twofold. First, I show (in §1) that there are significant and independent non- causal form of responsibility that cannot be reduced to causal responsibility; second, in §2, I show that (...) the very notion of causality is— lato sensu—not plainly descriptive. I will suggest that even causation is tied to evaluative elements, contrary to what is assumed by many theorists and practitioners working in normative domains. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.

Whether collective agency is a coherent concept depends on the theory of agency that we choose to adopt. We argue that the enactive theory of agency developed by Barandiaran, Di Paolo and Rohde (2009) provides a principled way of grounding agency in biological organisms. However the importance of biological embodiment for the enactive approach might lead one to be skeptical as to whether artificial systems or collectives of individuals could instantiate genuine agency. To explore this issue we contrast the concept (...) of collective agency with multi-agent systems and multi-system agents, and argue that genuinely collective agents instantiate agency at both the collective level and at the level of the component parts. Developing the enactive model, we propose understanding agency – both at the level of the individual and of the collective – as spectra that are constituted by dimensions that vary across time. Finally, we consider whether collectives that are not merely metaphorically ‘agents’ but rather are genuinely agentive also instantiate subjectivity at the collective level. We propose that investigations using the perceptual crossing paradigm suggest that a shared lived perspective can indeed emerge but this should not be conflated with a collective first-person perspective, for which material integration in a living body may be required. (shrink)

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan, Chiao, Walen ]. We then turn to some (...) influential theories that articulate a direct role for intentions [e.g., Duff, Husak ]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing. (shrink)

We propose a unified theory of intentions as neural processes that integrate representations of states of affairs, actions, and emotional evaluation. We show how this theory provides answers to philosophical questions about the concept of intention, psychological questions about human behavior, computational questions about the relations between belief and action, and neuroscientific questions about how the brain produces actions. Our theory of intention ties together biologically plausible mechanisms for belief, planning, and motor control. The computational feasibility of these mechanisms is (...) shown by a model that simulates psychologically important cases of intention. (shrink)

In this paper, I discuss Michael Moore’s and Jonathan Schaffer’s views on the ontology of omissions in context of their stances on the problem of omissive causation. First, I consider, from a general point of view, the question of the ontology of omissions, and how it relates to the problem of omissive causation. Then I describe Moore’s and Schaffer’s particular views on omissions and how they combine with their stances on the problem of omissive causation. I charge Moore and Schaffer (...) with inconsistencies and insufficiencies within their overall theories, and consider their replies. Finally, I propose my own view on the ontology of omissions and solution to the problem of omissive causation. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (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)

The Linda paradox is a key topic in current debates on the rationality of human reasoning and its limitations. We present a novel analysis of this paradox, based on the notion of verisimilitude as studied in the philosophy of science. The comparison with an alternative analysis based on probabilistic confirmation suggests how to overcome some problems of our account by introducing an adequately defined notion of verisimilitudinarian confirmation.

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the (...) time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

In this paper I discuss a recent exchange of articles between Hugh McLachlan and John Coggon on the relationship between omissions, causation, and moral responsibility. My aim is to contribute to their debate by isolating a presupposition I believe they both share and by questioning that presupposition. The presupposition is that, at any given moment, there are countless things that I am omitting to do. This leads both McLachlan and Coggon to give a distorted account of the relationship between causation (...) and moral or (as the case may be) legal responsibility and, in the case of Coggon, to claim that the law’s conception of causation is a fiction based on policy. Once it is seen that this presupposition is faulty, we can attain a more accurate view of the logical relationship between causation and moral responsibility in the case of omissions. This is important because it will enable us, in turn, to understand why the law continues to regard omissions as different, both logically and morally, from acts, and why the law seeks to track that logical and moral difference in the legal distinction it draws between withholding life-sustaining measures and euthanasia. (shrink)

Michael Moore’s Causation and Responsibility offers an integrated conception of the law, morality, and metaphysics, centered on the notion of causation, grounded in a detailed knowledge of case law, and supported on every point by cogent argument. This is outstanding work. It is a worthy successor to Harte and Honoré’s classic Causation in the Law, and I expect that it will guide discussion for many years to come.

In this paper, I consider the problem of omission for the counterfactual comparative account of harm. A given event harms a person, on this account, when it makes her worse off than she would have been if it had not occurred. The problem arises because cases in which one person merely fails to benefit another intuitively seem harmless. The account, however, seems to imply that when one person fails to benefit another, the first thereby harms the second, since the second (...) person would have been better off if the first had benefited her. I argue that the cases of failing to benefit at issue are in fact cases of harming. They are cases of preventive harm. I also argue that we can explain away the intuition that no harm occurs in these cases, and that the relevant implication of the counterfactual comparative account is consistent with a variety of plausible views about the moral significance of harm. (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)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...) complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)

Are there ‘degrees of causation’? Yes and no: causation is not a scalar relation, but different causes can contribute to a causing of an effect to different extents. In this paper, I motivate a probabilistic analysis of an event’s degree of contribution to a causing of an effect and explore some of its consequences.

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

This thesis takes up a rights-based perspective to discuss a number of issues related to the problem of permissible harm. It appeals to a person’s capacity to shape her life in accordance with her own ideas of the good to explain why her death can be bad for her, and why each of us should have primary say over what may be done to her. The thesis begins with an investigation of the badness of death for the person who dies. (...) If death is bad for us, this helps explain the wrongness of killing. The thesis defends the deprivation account—i.e. the idea that death is bad for us when and because it deprives us of good life—against two Epicurean challenges. It adds that death is also bad when and because it thwarts our agency. Next, the thesis deals with the logic of our moral rights to non-interference. It proposes a conception of rights according to which the stringency of our rights derives from and is justified by the rational aspect of our human nature. It argues that this conception of moral rights solves the paradox of deontology. While our rights to non-interference are stringent, they are not absolute. The thesis considers two possible exceptions to the general rule that it is impermissible to harm an innocent person against her consent. First, using an actual case from WWII, it investigates the circumstances under which a government may expose some parts of its population to an increased risk of harm in order to decrease the risk to others. Second, it considers the permissibility of self-defence against an innocent threat. It argues that the potential victim of an innocent threat has a justice-based reason to treat her own interests as on a par with those of the threat. (shrink)

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree (...) actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. (shrink)

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

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly (...) causing a prohibited result that was not about to happen anyway while intending to do so. (shrink)

According to some scholars, while sets of greenhouse gases emissions generate harms deriving from climate change, which can be mitigated through collective actions, individual emissions and mitigation activities seem to be causally insufficient to cause harms. If so, single individuals are neither responsible for climate harms, nor they have mitigation duties. If this view were true, there would be collective responsibility for climate harms without individual responsibility and collective mitigation duties without individual duties: this is puzzling. This paper explores a (...) way to solve this puzzle. First, it will be argued that individual emissions, though not proper and full-fledged causes, causally contribute to raise the probability of climate harms. As a consequence, individuals are in fact responsible for their expected contributions to climate harms – this is contributive responsibility for likely outcomes. Second, it will be argued that people have responsibility also for the possible impacts of their individual emissions on climate harms. People can plausibly be regarded as individually responsible for the possible outcomes of their actions in close possible alternative worlds – this is robust responsibility. Non-causal individual responsibility for climate harms is plausible, and the puzzle may be solved. (shrink)

We define a formal semantics of conditionals based on _normatively ideal worlds_. Such worlds are described informally by Armgardt (Gabbay D, Magnani L, Park W, Pietarinen A-V (eds) Natural arguments: a tribute to john woods, College Publications, London, pp 699–708, 2018) to address well-known problems of the counterfactual approach to causation. Drawing on Armgardt’s proposal, we use iterated conditionals in order to analyse causal relations in scenarios of multi-agent interaction. This results in a refined counterfactual approach to causal responsibility in (...) legal contexts, which solves overdetermination problems in an intuitively accessible manner. (shrink)

A central argument for non-reductive accounts of group agency is that complex social entities are capable of exerting causal influence independently of and superseding the causal efficacy of the individuals constituting them. A prominent counter is that non-reductionists run into an insuperable dilemma between identity and redundancy – with identity undermining independent higher-level efficacy and redundancy leading to overdetermination or exclusion. This paper argues that critics of non-reductionism can manage with a simpler and more persuasive reductio strategy called mapping: allow (...) that group agents are causally efficacious in their own right and chart how their causal efficacy is carried out; how it relates to the causal efficacy of individual determiners; how it connects to the causal relevance of background structural factors. The focus exclusively on whether groups are or are not causally efficacious black-boxes implementation, while close attention to how causation is wired increases the visibility of individualist arguments and countenances structure-oriented explanations. (shrink)

The essay revisits the puzzle of the ‘passage’ of time in relation to EPR-type measurements and asks what philosophical consequences can be drawn from them. Some argue that the lack of invariance of temporal order in the measurement of a space-like related EPR pair, under relativistic motion, casts serious doubts on the ‘reality’ of the lapse of time. Others argue thatcertain features of quantum mechanics establisha tensed theory of time – understood here as Possibilism or the growing block universe. The (...) paper analyzes the employment of frame-invariant entropic clocks in a relativistic setting and argues that tenselessness does not imply timelessness. But this conclusion does not support a tensed theory of time, which requires a preferred foliation. It is argued that the only reliable inference from the EPR example and the use of entropic clocks is an inference not just to a Leibnizian order of the succession of events but a frame-invariant order according to some selected clocks. (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)