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Contrastive causation in the law

Legal Theory 16 (4):259-297 (2010)

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  1. (3 other versions)The Facts of Causation.D. H. Mellor - 1995 - British Journal for the Philosophy of Science 48 (3):411-433.
    Mellor's subject is singular causation between facts, expressed 'E because C'. His central requirement for causation is that the chance that E if C be greater than the chance that E if $\sim \text{C}\colon \ ch_{\text{C}}>ch_{\sim \text{C}}$. The book is as much about chance as it is about causation. I show that his way of distinguishing ch C from the traditional notion of conditional chance leaves him with a problem about the existence of ch Q when Q is false ; (...)
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  • (1 other version)Causation in the Law.F. S. McNeilly - 1962 - Philosophical Quarterly 12 (46):92-94.
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  • (4 other versions)The Cement of the Universe.John Earman & J. L. Mackie - 1976 - Philosophical Review 85 (3):390.
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  • Aspect Causation.L. A. Paul - 2000 - Journal of Philosophy 97 (4):235.
    A theory of the causal relate as aspects or property instances is developed. A supposed problem for transitivity is assessed and then resolved with aspects as the causal relata.
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  • Causation in the Law.Herbert Lionel Adolphus Hart & Tony Honoré - 1959 - Oxford University Press UK.
    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.
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  • (1 other version)Causality.Judea Pearl - 2000 - New York: Cambridge University Press.
    Written by one of the preeminent researchers in the field, this book provides a comprehensive exposition of modern analysis of causation. It shows how causality has grown from a nebulous concept into a mathematical theory with significant applications in the fields of statistics, artificial intelligence, economics, philosophy, cognitive science, and the health and social sciences. Judea Pearl presents and unifies the probabilistic, manipulative, counterfactual, and structural approaches to causation and devises simple mathematical tools for studying the relationships between causal connections (...)
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  • Causation By Omission: A Dilemma.Sarah McGrath - 2005 - Philosophical Studies 123 (1-2):125-148.
    Some omissions seem to be causes. For example, suppose Barry promises to water Alice’s plant, doesn’t water it, and that the plant then dries up and dies. Barry’s not watering the plant – his omitting to water the plant – caused its death. But there is reason to believe that if omissions are ever causes, then there is far more causation by omission than we ordinarily think. In other words, there is reason to think the following thesis true.
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  • Review: The Grand Leap; Reviewed Work: Causation, Prediction, and Search. [REVIEW]Peter Spirtes, Clark Glymour & Richard Scheines - 1996 - British Journal for the Philosophy of Science 47 (1):113-123.
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  • Counterfactual Dependence and Time’s Arrow’, Reprinted with Postscripts In.David K. Lewis - 1986 - Philosophical Papers 2.
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  • Causation. Reprinted with postscripts in.David Lewis - 1986 - Philosophical Papers 2.
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  • Structural formulas and explanation in organic chemistry.W. M. Goodwin - 2008 - Foundations of Chemistry 10 (2):117-127.
    Organic chemists have been able to develop a robust, theoretical understanding of the phenomena they study; however, the primary theoretical devices employed in this field are not mathematical equations or laws, as is the case in most other physical sciences. Instead it is diagrams, and in particular structural formulas and potential energy diagrams, that carry the explanatory weight in the discipline. To understand how this is so, it is necessary to investigate both the nature of the diagrams employed in organic (...)
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  • The open door: Counterfactual versus singularist theories of causation.David M. Armstrong - 1999 - In Howard Sankey (ed.), Causation and Laws of Nature. Kluwer Academic Publishers. pp. 175--185.
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  • Causes, contrasts, and the nontransitivity of causation.Cei Maslen - 2004 - In John Collins, Ned Hall & Laurie Paul (eds.), Causation and Counterfactuals. MIT Press. pp. 341--357.
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  • A theory of focus interpretation.Mats Rooth - 1992 - Natural Language Semantics 1 (1):75-116.
    According to the alternative semantics for focus, the semantic reflec of intonational focus is a second semantic value, which in the case of a sentence is a set of propositions. We examine a range of semantic and pragmatic applications of the theory, and extract a unitary principle specifying how the focus semantic value interacts with semantic and pragmatic processes. A strong version of the theory has the effect of making lexical or construction-specific stipulation of a focus-related effect in association-with-focus constructions (...)
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  • Contrastive Explanation.Peter Lipton - 1990 - Royal Institute of Philosophy Supplement 27:247-266.
    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 (...)
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  • (1 other version)Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael Moore - 2009 - Oxford University Press.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.
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  • 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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  • (3 other versions)The Facts of Causation.I. Hinkfuss & D. H. Mellor - 1997 - Philosophical Books 38 (1):1-11.
    Everything we do relies on causation. We eat and drink because this causes us to stay alive. Courts tell us who causes crimes, criminology tell us what causes people to commit them. D.H. Mellor shows us that to understand the world and our lives we must understand causation. The Facts of Causation , now available in paperback, is essential reading for students and for anyone interested in reading one of the ground-breaking theories in metaphysics. We cannot understand the world and (...)
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  • (2 other versions)Philosophical Papers Vol. II.David K. Lewis (ed.) - 1986 - Oxford University Press.
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  • Choosing What We Mean by “Causation‘ in the Law.Jane Stapleton - 2008 - Missouri Law Review 73 (2):433--480.
    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 (...)
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  • Causal Contextualisms.Jonathan Schaffer - 2013 - In Martijn Blaauw (ed.), Contrastivism in philosophy. New York: Routledge/Taylor & Francis Group.
    Causal claims are context sensitive. According to the old orthodoxy (Mackie 1974, Lewis 1986, inter alia), the context sensitivity of causal claims is all due to conversational pragmatics. According to the new contextualists (Hitchcock 1996, Woodward 2003, Maslen 2004, Menzies 2004, Schaffer 2005, and Hall ms), at least some of the context sensitivity of causal claims is semantic in nature. I want to discuss the prospects for causal contextualism, by asking why causal claims are context sensitive, what they are sensitive (...)
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  • Causes need not be physically connected to their effects: The case for negative causation.Jonathan Schaffer - 2004 - In Christopher Hitchcock (ed.), Contemporary debates in philosophy of science. Malden, MA: Blackwell. pp. 197--216.
    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.
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  • (1 other version)The cement of the universe.John Leslie Mackie - 1974 - Oxford,: Clarendon Press.
    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.
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  • Making things happen: a theory of causal explanation.James F. Woodward - 2003 - New York: Oxford University Press.
    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.
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  • (1 other version)Causality: Models, Reasoning and Inference.Judea Pearl - 2000 - New York: Cambridge University Press.
    Causality offers the first comprehensive coverage of causal analysis in many sciences, including recent advances using graphical methods. Pearl presents a unified account of the probabilistic, manipulative, counterfactual and structural approaches to causation, and devises simple mathematical tools for analyzing the relationships between causal connections, statistical associations, actions and observations. The book will open the way for including causal analysis in the standard curriculum of statistics, artificial intelligence, business, epidemiology, social science and economics.
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  • A System of Logic.John Stuart Mill - 1829/2002 - Longman.
    Reprint of the original, first published in 1869.
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  • Review of Woodward, M aking Things Happen. [REVIEW]Michael Strevens - 2007 - Philosophy and Phenomenological Research 74 (1):233–249.
    The concept of causation plays a central role in many philosophical theories, and yet no account of causation has gained widespread acceptance among those who have investigated its foundations. Theories based on laws, counterfactuals, physical processes, and probabilistic dependence and independence relations (the list is by no means exhaustive) have all received detailed treatment in recent years---{}and, while no account has been entirely successful, it is generally agreed that the concept has been greatly clari{}ed by the attempts. In this magni{}cent (...)
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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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  • The role of contrast in causal and explanatory claims.Christopher Hitchcock - 1996 - Synthese 107 (3):395 - 419.
    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 (...)
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  • A generalized probabilistic theory of causal relevance.Christopher Hitchcock - 1993 - Synthese 97 (3):335 - 364.
    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, (...)
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  • Causation by disconnection.Jonathan Schaffer - 2000 - Philosophy of Science 67 (2):285-300.
    The physical and/or intrinsic connection approach to causation has become prominent in the recent literature, with Salmon, Dowe, Menzies, and Armstrong among its leading proponents. I show that there is a type of causation, causation by disconnection, with no physical or intrinsic connection between cause and effect. Only Hume-style conditions approaches and hybrid conditions-connections approaches appear to be able to handle causation by disconnection. Some Hume-style, extrinsic, absence-relating, necessary and/or sufficient condition component of the causal relation proves to be needed.
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  • Causation and contrast classes.Robert Northcott - 2008 - Philosophical Studies 139 (1):111 - 123.
    I argue that causation is a contrastive relation: c-rather-than-C* causes e-rather-than-E*, where C* and E* are contrast classes associated respectively with actual events c and e. I explain why this is an improvement on the traditional binary view, and develop a detailed definition. It turns out that causation is only well defined in ‘uniform’ cases, where either all or none of the members of C* are related appropriately to members of E*.
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  • (4 other versions)Causation.David Lewis - 1973 - Journal of Philosophy 70 (17):556-567.
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  • (1 other version)Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael S. Moore - 2008 - Oxford University Press UK.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.
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  • Review of M aking Things Happen. [REVIEW]Eric Hiddleston - 2005 - Philosophical Review 114 (4):545-547.
    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, defences, objections, and replies into a convincing defence of the core of his theory, which is that we can analyse causation by appeal to the notion of manipulation.
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  • (1 other version)Causation in the Law.F. S. McNeilly - 1959 - Philosophy 37 (139):83-84.
    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.
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  • Some Reflections on Causation in the Law.Judith Jarvis Thomson - 2008 - In Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press.
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  • Causality: Models, reasoning and inference.Christopher Hitchcock - 2001 - Philosophical Review 110 (4):639-641.
    book reveiw van boek met gelijknamige titel van Judea Pearl.
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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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  • Causation outside the law.Peter Lipton - 1992 - In Hyman Gross & Ross Harrison (eds.), Jurisprudence: Cambridge essays. New York: Oxford University Press. pp. 127--148.
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  • (2 other versions)Some reflections on Hart and Honore, causation in the law.Judith Jarvis Thomson - 2008 - In Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press.
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