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  1. Fact and Law in the Causal Inquiry.Alex Broadbent - 2009 - Legal Theory 15 (3):173-191.
    This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...)
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  • Do we believe in penal substitution?David K. Lewis - 1997 - Philosophical Papers 26 (3):203 - 209.
    If a guilty offender is justly sentenced to be punished and an innocent volunteer agrees to be punished instead, is that any reason to leave the offender unpunished? In the context of mundane criminal justice, we mostly think not. But in a religious context, some Christians do believe in penal substitution as a theory of the atonement. However, it is not just these Christians, but most of us, who are of two minds. If the punishment is an imprisonment or death, (...)
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  • Contrastive causation.Jonathan Schaffer - 2005 - Philosophical Review 114 (3):327-358.
    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.
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  • Why P rather than q? The curiosities of fact and foil.Eric Barnes - 1994 - Philosophical Studies 73 (1):35 - 53.
    In this paper I develop a theory of contrastive why questions that establishes under what conditions it is sensible to ask "why p rather than q?". p and q must be outcomes of a single type of causal process.
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  • Statistical vs. direct evidence.Ferdinand Schoeman - 1987 - Noûs 21 (2):179-198.
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  • (3 other versions)Freedom of the Will and the Concept of a Person.Harry Frankfurt - 1982 - In Gary Watson (ed.), Free will. New York: Oxford University Press.
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  • The fabrication of facts : The lure of the incredible coincidence.Ton Derksen & Monica Meijsing - 2008 - In Hendrik Kaptein (ed.), Legal Evidence and Proof: Statistics, Stories, Logic. Ashgate. pp. 39-70.
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