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)

Causation is widely assumed to be a binary relation: c causes e. I will argue that causation is a quaternary, contrastive relation: c rather than C* causes e rather than E*, where C* and E* are nonempty sets of contrast events. Or at least, I will argue that treating causation as contrastive helps resolve some paradoxes.

The philosophical theory of scientific explanation proposed here involves a radically new treatment of causality that accords with the pervasively statistical character of contemporary science. Wesley C. Salmon describes three fundamental conceptions of scientific explanation--the epistemic, modal, and ontic. He argues that the prevailing view is untenable and that the modal conception is scientifically out-dated. Significantly revising aspects of his earlier work, he defends a causal/mechanical theory that is a version of the ontic conception. Professor Salmon's theory furnishes a robust (...) argument for scientific realism akin to the argument that convinced twentieth-century physical scientists of the existence of atoms and molecules. To do justice to such notions as irreducibly statistical laws and statistical explanation, he offers a novel account of physical randomness. The transition from the "reviewed view" of scientific explanation to the causal/mechanical model requires fundamental rethinking of basic explanatory concepts. (shrink)

This paper presents a drastically revised version of the theory of causality, based on analyses of causal processes and causal interactions, advocated in Salmon (1984). Relying heavily on modified versions of proposals by P. Dowe, this article answers penetrating objections by Dowe and P. Kitcher to the earlier theory. It shows how the new theory circumvents a host of difficulties that have been raised in the literature. The result is, I hope, a more satisfactory analysis of physical causality.

Wesley Salmon is renowned for his seminal contributions to the philosophy of science. He has powerfully and permanently shaped discussion of such issues as lawlike and probabilistic explanation and the interrelation of explanatory notions to causal notions. This unique volume brings together twenty-six of his essays on subjects related to causality and explanation, written over the period 1971-1995. Six of the essays have never been published before and many others have only appeared in obscure venues. The volume includes a section (...) of accessible introductory pieces, as well as more advanced and technical pieces, and will make essential work in the philosophy of science readily available to both scholars and students. (shrink)

According to a causal model of explanation, we explain phenomena by giving their causes or, where the phenomena are themselves causal regularities, we explain them by giving a mechanism linking cause and effect. If we explain why smoking causes cancer, we do not give the cause of this causal connection, but we do give the causal mechanism that makes it. The claim that to explain is to give a cause is not only natural and plausible, but it also avoids many (...) of the objections to other accounts of explanation, such as the views that to explain is to give a reason to believe the phenomenon occurred, to somehow make the phenomenon familiar, or to give a Deductive-Nomological argument. Unlike the reason for belief account, a causal model makes a clear distinction between understanding why a phenomenon occurs and merely knowing that it does, and the model does so in a way that makes understanding unmysterious and objective. Understanding is not some sort of super-knowledge, but simply more knowledge: knowledge of the phenomenon and knowledge of its causal history. A causal model makes it clear how something can explain without itself being explained, and so avoids the regress of whys, since we can know a phenomenon's cause without knowing the cause of the cause. It also accounts for legitimate self-evidencing explanations, explanations where the phenomenon is an essential part of the evidence that the explanation is correct, so the explanation can not supply a non-circular reason for believing the phenomenon occurred. There is no barrier to knowing a cause through its effects and also knowing that it is their cause. The speed of recession of a star explains its observed red-shift, even though the shift is an essential part of the evidence for its speed of recession. The model also avoids the most serious objection to the familiarity view, which is that some phenomena are familiar yet not understood, since a phenomenon can be perfectly familiar, such as the blueness of the sky or the fact that the same side of the moon always faces the earth, even if we do not know its cause. Finally, a causal model avoids many of the objections to the Deductive-Nomological model. Ordinary explanations do not have to meet the requirements of the Deductive-Nomological model, because one does not need to give a law to give a cause, and one does not need to know a law to have good reason to believe that a cause is a cause. As for the notorious over-permissiveness of the Deductive-Nomological model, the reason recession explains red-shift but not conversely, is simply that causes explain effects but not conversely, and the reason a conjunction of laws does not explain its conjuncts is that conjunctions do not cause their conjuncts. (shrink)

The idea that causation can be reduced to transmission of an amount of some conserved quantity between events is spelled out and defended against important objections. Transmission is understood as a symmetrical relation of copresence in two distinct events. The actual asymmetry of causality has its origin in the asymmetrical character of certain irreversible physical processes and then spreads through the causal net. This conception is compatible with the possibility of backwards causation and with a causal theory of time. Genidentity, (...) the persistence of concrete objects, can be given an explanation in causal terms. The transmission theory is shown to escape difficulties faced by two important alternative theories of causation: Salmon's (1984) Mark Transmission Theory and Dowe's (1992a) Conserved Quantities Theory. (shrink)

The counterfactual tradition to defining actual causation has come a long way since Lewis started it off. However there are still important open problems that need to be solved. One of them is the (in)transitivity of causation. Endorsing transitivity was a major source of trouble for the approach taken by Lewis, which is why currently most approaches reject it. But transitivity has never lost its appeal, and there is a large literature devoted to understanding why this is so. Starting from (...) a survey of this work, we will develop a formal analysis of transitivity and the problems it poses for causation. This analysis provides us with a sufficient condition for causation to be transitive, a sufficient condition for dependence to be necessary for causation, and several characterisations of the transitivity of dependence. Finally, we show how this analysis leads naturally to several conditions a definition of causation should satisfy, and use those to suggest a new definition of causation. (shrink)

David Hume's Enquiry concerning Human Understanding is the definitive statement of the greatest philosopher in the English language. His arguments in support of reasoning from experience, and against the "sophistry and illusion"of religiously inspired philosophical fantasies, caused controversy in the eighteenth century and are strikingly relevant today, when faith and science continue to clash. The Enquiry considers the origin and processes of human thought, reaching the stark conclusion that we can have no ultimate understanding of the physical world, or indeed (...) our own minds. In either sphere we must depend on instinctive learning from experience, recognizing our animal nature and the limits of reason. Hume's calm and open-minded skepticism thus aims to provide a new basis for science, liberating us from the "superstition" of false metaphysics and religion. His Enquiry remains one of the best introductions to the study of philosophy, and his edition places it in its historical and philosophical context. (shrink)

Following Dretske (1977), there has been a considerable body of literature on the role of contrastive stress in causal claims. Following van Fraassen (1980), there has been a considerable body of literature on the role of contrastive stress in explanations and explanation-requesting why-questions. Amazingly, the two bodies of literature have remained almost entirely disjoint. With an understanding of the contrastive nature of ordinary causal claims, and of the linguistic roles of contrastive stress, it is possible to provide a unified account (...) of both phenomena. I provide such an account from within the framework of a probabilistic theory of causation. Relations of screening-off, long familiar to researchers in probabilistic causality, play a central role in this account. (shrink)

I advance a new theory of causal relevance, according to which causal claims convey information about conditional probability functions. This theory is motivated by the problem of disjunctive factors, which haunts existing probabilistic theories of causation. After some introductory remarks, I present in Section 3 a sketch of Eells's (1991) probabilistic theory of causation, which provides the framework for much of the discussion. Section 4 explains how the problem of disjunctive factors arises within this framework. After rejecting three proposed solutions, (...) I offer in Section 6 a new approach to causation that avoids the problem. Decision-theoretic considerations also support the new approach. Section 8 develops the consequences of the new theory for causal explanation. The resulting theory of causal explanation incorporates the new insights while respecting important work on scientific explanation by Salmon (1971), Railton (1981), and Humphreys (1989). My conclusions are enumerated in Section 9. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Causation has traditionally been analyzed either as a relation of nomic dependence or as a relation of counterfactual dependence. I argue for a third program, a physicalistic reduction of the causal relation to one of energy-momentum transference in the technical sense of physics. This physicalistic analysis is argued to have the virtues of easily handling the standard counterexamples to the nomic and counterfactual analyses, offering a plausible epistemology for our knowledge of causes, and elucidating the nature of the relation between (...) causation and physical science. (shrink)

Ehring shows the inadequacy of received theories of causation, and, introducing conceptual devices of his own, provides a wholly new account of causation as the persistence over time of individual properties, or "tropes.".

In a recent paper (1994) Wesley Salmon has replied to criticisms (e.g., Dowe 1992c, Kitcher 1989) of his (1984) theory of causality, and has offered a revised theory which, he argues, is not open to those criticisms. The key change concerns the characterization of causal processes, where Salmon has traded "the capacity for mark transmission" for "the transmission of an invariant quantity." Salmon argues against the view presented in Dowe (1992c), namely that the concept of "possession of a conserved quantity" (...) is sufficient to account for the difference between causal and pseudo processes. Here that view is defended, and important questions are raised about the notion of transmission and about gerrymandered aggregates. (shrink)

In a recent paper Wesley Salmon has replied to criticisms of his theory of causality, and has offered a revised theory which, he argues, is not open to those criticisms. The key change concerns the characterization of causal processes, where Salmon has traded “the capacity for mark transmission” for “the transmission of an invariant quantity.” Salmon argues against the view presented in Dowe, namely that the concept of “possession of a conserved quantity” is sufficient to account for the difference between (...) causal and pseudo processes. Here that view is defended, and important questions are raised about the notion of transmission and about gerrymandered aggregates. (shrink)

Abstract Kitcher (1989) and others have criticized Salmon's (1984) causal account of explanation on the grounds that it is epistemologically inadequate. The difficulty is that Salmon's principle of ?mark transmission? fails to achieve its intended purpose, namely to distinguish causal processes from other types of processes. This renders Salmon's account of causality epistemically inaccessible. In this paper that critique is reviewed and developed, and a modification to Salmon's theory, the ?conserved?quantity? theory (Dowe, 1992) is presented. This theory is shown to (...) avoid the epistemologicalproblem, by replacing mark transmission with the ascription of conserved quantities such as energy. The virtue of this approach is that it renders causality epistemically accessible. This constitutes a defence of the causal theory of explanation. (shrink)

This book, published in 2000, is a clear account of causation based firmly in contemporary science. Dowe discusses in a systematic way, a positive account of causation: the conserved quantities account of causal processes which he has been developing over the last ten years. The book describes causal processes and interactions in terms of conserved quantities: a causal process is the worldline of an object which possesses a conserved quantity, and a causal interaction involves the exchange of conserved quantities. Further, (...) things that are properly called cause and effect are appropriately connected by a set of causal processes and interactions. The distinction between cause and effect is explained in terms of a version of the fork theory: the direction of a certain kind of ordered pattern of events in the world. This particular version has the virtue that it allows for the possibility of backwards causation, and therefore time travel. (shrink)

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Woodward's long awaited book is an attempt to construct a comprehensive account of causation explanation that applies to a wide variety of causal and explanatory claims in different areas of science and everyday life. The book engages some of the relevant literature from other disciplines, as Woodward weaves together examples, counterexamples, criticisms, defenses, objections, and replies into a convincing defense of the core of his theory, which is that we can analyze causation by appeal to the notion of manipulation.

During the last decades there has been a remarkable renewal of interest in theories of causation which is linked to the decline of the orthodoxy of the Logical empiricist school. A number of alternatives to the traditional covering-law account have been proposed. I shall defend a version of an approach that has been undeservedly neglected: the Transference Theory of causation. Accounts of this type elaborate the intuition that there is a material link between the cause and the effect, consisting of (...) something transmitted between them. (shrink)

In a radical new account of "causation" in the Law, I explain that "causation" is troublesome for lawyers because it is a labile term ordinary people use to express diverse information about the world. Though clarity would be promoted if we used the term "causation" to refer to the information yielded by only one type of inquiry, in the past lawyers have used the term to refer to more than one type of enquiry, while philosophers often have not specified an (...) inquiry. I argue that the most useful inquiry for legal purposes is one that compares the actual world of a particular phenomenon (such as the world as it is following a breach of contract or a breach of a duty of care) with a hypothetical world (such as a world in which, inter alia, there had been no breach) and thereby determines, in the context of that comparison, the role that a specified factor (such as that breach) played, if any, in the existence of the actual phenomenon. {It is convenient to separate three forms of such a role of "involvement": necessity, duplicate necessity and contribution, though contribution subsumes the others.} We can then use our knowledge of the physical laws of nature, evidence of behaviour and so on to distinguish involved factors from factors that are merely "associated" with that phenomenon by a relation of constant conjunction: a determination that can be done objectively. I argue that lawyers should unequivocally choose "involvement" as the one and only interrogation that underlies and gives meaning to their use of causal terminology - in other words, lawyers should cease describing other determinations in causal terms such as the "proximate cause" question of how far down the stream of consequences of breach a defendant's liability should extend. This choice would improve the Law because (a) it promotes clarity and avoids ambiguity; (b) it promotes the clear identification of normative issues and provides a more transparent distribution of issues between "causation" and other analytical elements within legal analysis; and (c) it best serves the Law's very wide range of purposes. Part 1 of this article sets out the above argument. Part II sketches the approach of others to the issue of "causation in the Law" including the approaches of the legal realist Leon Green, the linguistic analysts Hart and Honore, the corrective justice theorist Michael Moore, the legal economist Guido Calabresi and the "new realist" Richard Wright. (shrink)

Negative causation occurs when an absence serves as cause, effect, or causal intermediary. Negative causation is genuine causation, or so I shall argue. It involves no physical connection between cause and effect. Thus causes need not be physically connected to their effects.

Studies causation both as a concept and as it is 'in the objects.' Offers new accounts of the logic of singular causal statements, the form of causal regularities, the detection of causal relationships, the asymmetry of cause and effect, and necessary connection, and it relates causation to functional and statistical laws and to teleology.

Oxford Philosophical Texts Series Editor: John Cottingham The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist, giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary (...) on the arguments and explain unfamiliar references and terminology, and a full bibliography and index are also included. The series aims to build up a definitive corpus of key texts in the Western philosophical tradition, which will form a reliable and enduring resource for students and teachers alike. David Hume's aim in writing An Enquiry concerning Human Understanding was to introduce his philosophy to a European culture in which many educated people read original works of philosophy. He gives an elegant and accessible presentation of strikingly original and challenging views about the limited powers of human understanding, the attractions of scepticism, the compatibility of free will and determinism, and weaknesses in the foundations of religion. Hume's philosophy was highly controversial in the eighteenth century and remains so today. The text printed in this edition is that of the Clarendon critical edition of Hume's works. A substantial introduction by the editor explains the intellectual background to the work and surveys its main themes. The volume also includes detailed explanatory notes on the text, a glossary of terms, a full list of references, and a section of supplementary readings. (shrink)

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...) arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence. (shrink)