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  1. Deviant Causation and the Law.Sara Bernstein - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    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 (...)
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  • Causation comes in degrees.Huzeyfe Demirtas - 2022 - Synthese 200 (1):1-17.
    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 (...)
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  • Against resultant moral luck.Huzeyfe Demirtas - 2022 - Ratio 35 (3):225-235.
    Does one’s causal responsibility increase the degree of one’s moral responsibility? The proponents of resultant moral luck hold that it does. Until quite recently, the causation literature has almost exclusively been interested in the binary question of whether one factor is a cause of an outcome. Naturally, the debate over resultant moral luck also revolved around this binary question. However, we have seen an increased interest in the question of degrees of causation in recent years. And some philosophers have already (...)
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  • Causal Stability in Moral Contexts.Horia Tarnovanu - forthcoming - Journal of Value Inquiry:1-22.
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  • Causal Contributions and Liability.Victor Tadros - 2018 - Ethics 128 (2):402-431.
    This article explores the extent to which the magnitude of harm that a person is liable to suffer to avert a threat depends on the magnitude of her causal contribution to the threat. Several different versions of this view are considered. The conclusions are mostly skeptical—facts that may determine how large of a causal contribution a person makes to a threat are not morally significant, or not sufficiently significant to make an important difference to liability. However, understanding ways in which (...)
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  • Moore’s Truths About Causation and Responsibility: A Reply to Alexander and Ferzan. [REVIEW]Michael S. Moore - 2012 - Criminal Law and Philosophy 6 (3):445-462.
    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 (...)
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  • Partial liability.Alex Kaiserman - 2017 - Legal Theory 23 (1):1-26.
    In most cases, liability in tort law is all-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory of partial liability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice and use (...)
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  • Provocateurs and Their Rights to Self-Defence.Lisa Hecht - 2019 - Criminal Law and Philosophy 13 (1):165-185.
    A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to self-defend against harm (...)
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