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  1. Distributing States' Duties.Stephanie Collins - 2015 - Journal of Political Philosophy 24 (3):344-366.
    In order for states to fulfil their moral duties, costs must be passed to individual citizens. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.
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  • The Oxford Handbook of Causal Reasoning.Michael Waldmann (ed.) - 2017 - Oxford, England: Oxford University Press.
    Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. In the past decades, the important role of causal knowledge has been discovered in many areas of cognitive (...)
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  • Necessary Connections in Context.Alex Kaiserman - 2017 - Erkenntnis 82 (1):45-64.
    This paper combines the ancient idea that causes necessitate their effects with Angelika Kratzer’s semantics of modality. On the resulting view, causal claims quantify over restricted domains of possible worlds determined by two contextually determined parameters. I argue that this view can explain a number of otherwise puzzling features of the way we use and evaluate causal language, including the difference between causing an effect and being a cause of it, the sensitivity of causal judgements to normative facts, and the (...)
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  • Distributing States' Duties.Stephanie Collins - 2015 - Journal of Political Philosophy 23 (3):344-366.
    In order for states to fulfil (many of) their moral obligations, costs must be passed to individuals. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.
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  • Contrastive causation in the law.Jonathan Schaffer - 2010 - Legal Theory 16 (4):259-297.
    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 (...)
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  • Causation in the law.Antony Honoré - 2008 - Stanford Encyclopedia of Philosophy.
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  • Broken brakes and dreaming drivers: the heuristic value of causal models in the law.Enno Fischer - 2024 - European Journal for Philosophy of Science 14 (1):1-20.
    Recently, there has been an increased interest in employing model-based definitions of actual causation in legal inquiry. The formal precision of such approaches promises to be an improvement over more traditional approaches. Yet model-based approaches are viable only if suitable models of legal cases can be provided, and providing such models is sometimes difficult. I argue that causal-model-based definitions benefit legal inquiry in an indirect way. They make explicit the causal assumptions that need to be made plausible to defend a (...)
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  • Responsibility for structural injustice: A third thought.Robert E. Goodin & Christian Barry - 2021 - Politics, Philosophy and Economics 20 (4):339-356.
    Some of the most invidious injustices are seemingly the results of impersonal workings of rigged social structures. Who bears responsibility for the injustices perpetrated through them? Iris Marion...
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  • Actual Causation.Enno Fischer - 2021 - Dissertation, Leibniz Universität Hannover
    In this dissertation I develop a pluralist theory of actual causation. I argue that we need to distinguish between total, path-changing, and contributing actual causation. The pluralist theory accounts for a set of example cases that have raised problems for extant unified theories and it is supported by considerations about the various functions of causal concepts. The dissertation also analyses the context-sensitivity of actual causation. I show that principled accounts of causal reasoning in legal inquiry face limitations and I argue (...)
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  • Responsibility Regardless of Causation.Federico Faroldi - 2014 - In Fabio Bacchini Massimo Dell'Utri & Stefano Caputo (eds.), New Advances in Causation, Agency, and Moral Responsibility. Cambridge Scholars Press.
    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 (...)
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  • Disconnection and Responsibility.Jonathan Schaffer - 2012 - Legal Theory 18 (4):399-435.
    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.
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  • Lucky or clever? From expectations to responsibility judgments.Tobias Gerstenberg, Tomer D. Ullman, Jonas Nagel, Max Kleiman-Weiner, David A. Lagnado & Joshua B. Tenenbaum - 2018 - Cognition 177 (C):122-141.
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  • Is hybrid formal theory of arguments, stories and criminal evidence well suited for negative causation?Charles A. Barclay - 2020 - Artificial Intelligence and Law 28 (3):361-384.
    In this paper, I have two primary goals. First, I show that the causal-based story approach in A hybrid formal theory of arguments, stories and criminal evidence is ill suited to negative causation. In the literature, the causal-based approach requires that hypothetical stories be causally linked to the explanandum. Many take these links to denote physical or psychological causation, or temporal precedence. However, understanding causality in those terms, as I will show, cannot capture cases of negative causation, which are of (...)
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