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 (...) between attempts and completed crimes, and also for the distinction between attempts and mere preparations. I then suggest that cases of deviant causation undermine notions of legal liability for completed crimes in terms of actus reus and mens rea, and argue that natural accounts of negligence misclassify some cases involving deviant causal chains. After diagnosing several conceptual vulnerabilities in the law revealed by deviant causal chains, I show that natural strategies for shoring up legal theories in the face of these examples are unpromising. (shrink)

Inductive thinking is a universal human habit; we generalise from our experiences the best we can. The induction problem is to identify which observed regularities provide reasonable justification for inductive conclusions. In the natural sciences, we can often use strict laws in making successful inferences about unobserved states of affairs. In the social sciences, by contrast, we have no strict laws, only regularities which most often are conditioned on ceteris paribus clauses. This makes it much more difficult to make reliable (...) inferences in the social sciences. In particular, we want knowledge about general causal relations in order to be able to determine what to do in order to achieve a certain state of affairs. Knowledge about causal relations that are also valid in the future requires experiments or so called ‘natural experiments’. Only knowledge derived from such experiences enable us to draw reasonably reliable inferences about how to act in order to achieve our goals. (shrink)

Consensus in the contemporary philosophical literature has it that conserved quantity theories of causation such as that of Dowe [2000]—according to which causation is to be analysed in terms of the exchange of conserved quantities (e.g., energy)—face damning problems when confronted with contemporary physics, where the notion of conservation becomes delicate. In particular, in general relativity it is often claimed that there simply are no conservation laws for (say) total-stress energy. If this claim is correct, it is difficult (...) to see how conserved quantity theories of causation could survive. In this article, we resist the above consensus and defend conserved quantity theories from this conclusion, at least when focusing on the apparent problems posed by general relativity. We argue that this approach to causation can continue to be defended in general relativity, once one appreciates (a) the availability of approximate symmetries in generic general relativistic spacetimes, and (b) the role of modelling and idealisation in that theory. Given these points, conserved quantity theories of causation must stand or fall on other grounds. (shrink)

Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to (...) a great number of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

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 particular claim of actual causation. My argument concerns the analysis of legal cases involving a combination of double prevention and causal redundancy. I show that discussions among legal theorists about such cases sometimes suffer from ambiguous assumptions about the causal structure. My account illustrates that causal models can act as a heuristic tool for clarifying such assumptions, and that causal models provide a framework for more accurate analyses of legal cases involving complex causal structure. (shrink)

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 in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices. (shrink)

It is widely thought that there is an important argument to be made that starts with premises taken from the science of physics and ends with the conclusion of physicalism. The standard view is that this argument takes the form of a causal argument for physicalism. Roughly: physics tells us that the physical realm is causally complete, and so minds (among other entities) must be physical if they are to interact with the world as we think they do. In what (...) follows, I raise problems for this view. After an initial review of the causal argument, I begin my case by showing that the totality of physical truths do not deductively entail the causal completeness of the physical realm, using a double-prevention scenario and causation by omission to show that nonphysical causes of physical effects would not need to violate physical conservation laws. I then move on to raise problems for an inductive argument for causal completeness by drawing on the neo-Russellian view that there is no causation in fundamental physics, and so causation must itself be a realized or derived entity. I conclude by suggesting that the underlying problem is that the causal argument has fallen out of touch with the sophisticated understanding that philosophers have developed of the role of causation within physics. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. (...) What these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, (...) and he considers all these issues relevant to law. In this contribution, I defend an amended version of the COUNTERFACTUAL theory of event causation both against Moore’s criticism and against some traits of Lewis’s version of the theory. On a number of counts, I simply defend Lewis against Moore’s misdirected criticism. Moore’s unreasonable demand that all the commonplaces about causation have to FOLLOW from the counterfactual analysis rests on his mistaken claim that the counterfactual theory IDENTIFIES causation with counterfactual dependence. In other respects, I part company with Lewis in order to highlight some underrated strengths of the counterfactual approach. The common denominator of my revisions is that they make the counterfactual theory unambiguously singularist. The suggested revisions comprise: performing the counterfactual analysis with Davidsonian rather than with Lewisian events, taking seriously the ex post-character of singular causal statements, making explicit the indexical ceteris paribus clause that fixes the actual circumstances of the causing event, abandoning the alleged transitivity of causation, and, last but not least, doing everything in the correct order. The correct order is to start with bedrock intuitions about the nature of causality rather than with a general possible world semantics, and then to turn these intuitions into constraints for the class of counterfactuals that a counterfactual analysis of causation has to consider. (shrink)

Should we think of our universe as law-governed and “clockwork”-like or as disorderly and “soup”-like? Alternatively, should we consciously and intentionally synthesize these two extreme pictures? More concretely, how deterministic are the postulated causes and how rigid are the modeled properties of the best statistical methodologies used in the biological and behavioral sciences? The charge of this entry is to explore thinking about causation in the temporal evolution of biological and behavioral systems. Regression analysis and path analysis are simply (...) explicated with reference to a thought experiment of painting three universes (clockwork, soup, and conscious) useful for imagining our actual universe. Attention to historical, structural, and mechanistic explanatory perspectives broadens the palette of methodologies available for analyzing determinism in, and explanation of, biological and behavioral systems. Each justified methodology provides a partial perspective on complex reality. Is a total explanation of any system ever possible, and what would it require? (shrink)

The thesis explores and suggests a solution to a problem that I identify in John McDowell’s and Lynne Rudder Baker’s approaches to mental and intention-dependent (ID) causation in the physical world. I begin (chapter 1) with a brief discussion of McDowell’s non-reductive and anti-scientistic account of mind and world, which I believe offers, through its vision of the unbounded conceptual and the world as within the space of reasons, to liberate and renew philosophy. However, I find an inconsistency in (...) McDowell’s criticism of Davidson’s anomalous monism (chapter 2), stemming from a tension between McDowell’s naïve common sense view of mental causation and an understanding of ordinary physical causation which I think McDowell ought to embrace, which portrays it as both objective, in the sense of being recognition- independent, and as belonging within the space of reasons. The question of the relation between these two concepts of causation is an aspect of the more general question of the relation between the space of reasons and the realm of law. In chapter 3 I begin examining the possibility that Baker’s account of material and property constitution could form the basis of a bridge between the two spaces, and find it generally promising. However, I find that her defence of her version of non-reductive monism against Kim’s causal arguments also runs into problems, which I attribute to the fact that she holds a view of causation as secondary to causal explanation. 2 3 In chapter 4 I develop an account of what I call manifest physical causation – of objective causal relations in the world of Sellars’s manifest image. Based upon McDowell’s transcendental empiricism, which takes the existence of the ordinary perceived world as a condition of the possibility of our possession of conceptual capacities, I contend that it is this picture of reality, rather than that of fundamental physics, that should be the starting point of our theorizing. Causation in the manifest image, I argue, covers the behaviour of the familiar physical world as well as that of its well-understood extensions into the special sciences and engineering. Manifest physical causation, on my account, is productive, acts through mechanisms which are almost entirely mechanical, electromagnetic, and/ or chemical, and is causally closed. In my view, normative, semantic, contentful property-instances are not part of the manifest physical causal nexus. In my final chapter I suggest a modification of Baker’s constitution account, which I call Constituted Causation, whereby higher-level – mental and other ID – causal relations are constituted, in favourable circumstances, by lower-level ones. ID causal relations belong in their own causal nexus but are connected to the manifest physical world through constitution, a relation of unity without identity. Causation and constitution are, respectively, intra- and inter-level relations, and they are non-overlapping. The constituted network of rational and normative relations bears, I believe, striking parallels with McDowell’s view of reality. According to Baker’s view of constitution, the essential properties of constituted entities subsume those of their constituters; extending this to my account enables us to say that the real cause and explanation of someone’s action is that they consciously performed it 4 rather than that certain manifest causal processes occurred at the lower level. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

I defend what may loosely be called an eliminativist account of causation by showing how several of the main features of causation, namely asymmetry, transitivity, and necessitation, arise from the combination of fundamental dynamical laws and a special constraint on the macroscopic structure of matter in the past. At the microscopic level, the causal features of necessitation and transitivity are grounded, but not the asymmetry. At the coarse-grained level of the macroscopic physics, the causal asymmetry is grounded, but (...) not the necessitation or transitivity. Thus, at no single level of description does the physics justify the conditions that are taken to be constitutive of causation. Nevertheless, if we mix our reasoning about the microscopic and macroscopic descriptions, the structure provided by the dynamics and special initial conditions can justify the folk concept of causation to a significant extent. I explain why our causal concept works so well even though at bottom it is comprised of a patchwork of principles that don't mesh well. (shrink)

The methodological nonreductionism of contemporary biology opens an interesting discussion on the level of ontology and the philosophy of nature. The theory of emergence (EM), and downward causation (DC) in particular, bring a new set of arguments challenging not only methodological, but also ontological and causal reductionism. This argumentation provides a crucial philosophical foundation for the science/theology dialogue. However, a closer examination shows that proponents of EM do not present a unified and consistent definition of DC. Moreover, they find (...) it difficult to prove that higher-order properties can be causally significant without violating the causal laws that operate at lower physical levels. They also face the problem of circularity and incoherence in their explanation. In our article we show that these problems can be overcome only if DC is understood in terms of formal rather than physical (efficient) causality. This breakdown of causal monism in science opens a way to the retrieval of the fourfold Aristotelian notion of causality. (shrink)

I argue that Galileo regarded unaccelerated motion as requiring cause to sustain in. In an inclined plane experiment, the cause ceases when the incline ceases. When the incline ceases, what ceases is acceleration, not motion. Hence, unaccelerated motion requires no cause to sustain it.

I provide a comprehensive metaphysics of causation based on the idea that fundamentally things are governed by the laws of physics, and that derivatively difference-making can be assessed in terms of what fundamental laws of physics imply for hypothesized events. Highlights include a general philosophical methodology, the fundamental/derivative distinction, and my mature account of causal asymmetry.

What marks emergence as a metaphysically interesting idea is that many macro-level entities and their properties are ontologically and causally autonomous in relation to the micro-level entities and properties they depend on---or so argues Jessica Wilson in Metaphysical Emergence (2021). To do so, she adopts a “metaphysically highly neutral” (p. 32) approach to questions about powers, causation, properties, and laws. That is, while explaining what emergence is and arguing that there is indeed emergence in the natural world, she doesn’t (...) restrict her analyses and arguments to any specific metaphysical accounts of these concepts, and she doesn’t commit to any controversial theses about them. In this article, I assess Wilson’s project against this methodological ideal of metaphysical neutrality. (shrink)

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity and (...) teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

It has recently been remarked that the argument for physicalism from the causal closure of the physical is incomplete. It is only effective against mental causation manifested in the action of putative mental forces that lead to acceleration of particles in the nervous system. Based on consideration of anomalous, physically unaccounted-for correlations of neural events, I argue that irreducible mental causation whose nature is at least prima facie probabilistic is conceivable. The manifestation of such causation should be (...) accompanied by a local violation of the Second Law of thermodynamics. I claim that mental causation can be viewed as the disposition of mental states to alter the state probability distribution within the nervous system, with no violation of the conservation laws. If confirmed by neurophysical research, it would indicate a kind of causal homogeneity of the world. Causation would manifest probabilistically in both quantum mechanical and psychophysical systems, and the dynamics of both would be determined by the temporal evolution of the corresponding system state function. Finally, I contend that a probabilistic account of mental causation can consistently explain the character of selectional states that ensure the uniformity of causal patterns, as well as the fact that different physical realizers of a mental property cause the same physical effects in different contexts. (shrink)

In most academic and non-academic circles throughout history, the world and its operation have been viewed in terms of cause and effect. The principles of causation have been applied, fruitfully, across the sciences, law, medicine, and in everyday life, despite the lack of any agreed-upon framework for understanding what causation ultimately amounts to. In this engaging and accessible introduction to the topic, Douglas Kutach explains and analyses the most prominent theories and examples in the philosophy of causation. (...) The book is organized so as to respect the various cross-cutting and interdisciplinary concerns about causation, such as the reducibility of causation, its application to scientific modeling, its connection to influence and laws of nature, and its role in causal explanation. Kutach begins by presenting the four recurring distinctions in the literature on causation, proceeding through an exploration of various accounts of causation including determination, difference making and probability-raising. He concludes by carefully considering their application to the mind-body problem. _Causation_ provides a straightforward and compact survey of contemporary approaches to causation and serves as a friendly and clear guide for anyone interested in exploring the complex jungle of ideas that surround this fundamental philosophical topic. (shrink)

In this paper I take a look at what I take to be the best argument for dispositions. According to this argument we need dispositions in order to understand certain features of scientific practice. I point out that these dispositions have to be continuously manifestable. Furthermore I will argue that dispositions are not the causes of their manifestations. However, dispositions and causation are closely connected. What it is to be a cause can best be understood in terms of counterfactuals (...) that are based on dispositions. (shrink)

As Jaegwon Kim points out in his excellent new book, “reductionism” has become something of a pejorative term in philosophy and related disciplines. But originally (eg, as expressed in Ernest Nagel’s 1961 The Structure of Science) reduction was supposed to be a form of explanation, and one may wonder whether it is reasonable to reject in principle the advances in knowledge which such explanations may offer. Nagel’s own view, illustrated famously by the reduction of thermodynamics to statistical mechanics, was that (...) reduction is a relation between theories: theory A is reduced to theory B by formulating “bridge laws” which link the terminology of the theories, and using them to derive A from B. (An additional reductive claim is that Aphenomena are identical with certain B-phenomena—as when the temperature of a gas is identified with its mean molecular kinetic energy—but this kind of identity claim is, strictly speaking, independent of the claim about theories.) Applied to the case of mental states and brain states, a reduction would provide explanatory relations between psychology and neuroscience, normally supplemented with the claim that mental properties are identical with physical properties in the brain. (shrink)

We present a multidisciplinary, universal a pragmatic theory of causation based explicitly on five methodological causal seminal dimensions. The first one is called formal-mathematical-idealist theory and emerges as a meta-conceptual fusion of several existing causal theories. The second one is essentially based on a global, scientific and technical perspective. In fact, this can be considered as a meta-dimension encompassing a huge number of academic disciplines. The third dimension arises once more as combination of former approaches having the mind and (...) its laws as the central paradigm. The fourth one is structurally related with our subjective phenomenological world and its objective impact on the external universe. And, finally, the fifth dimension is closely related with the first one, but more oriented toward the global implicit purpose of the universe and what this implies causally on the events in nature. We give several concrete examples elucidating the explanatory range of our theory. (shrink)

Mental causation, idea that it is us – via our minds – who cause bodily actions is as commonsensical as it is indispensable for our understanding of ourselves as rational agents. Somewhat less uncontroversial, but nonetheless widespread (at least among ordinary people) is the idea that the mind is non-physical, following the intuition that what is physical can neither act nor think nor judge morally. Taken together, and cast into a metaphysical thesis, the two intuitions yield interactive dualism: the (...) view that human persons and their minds are non-physical but can nonetheless interact with their bodies, most notably through their brains. This thesis has two main objectives: first, to defend interactive dualism against objections, and second, to show how it can blend in with a physical world in which laws of nature hold. The first part (chapter 1) consists in a brief motivation of interactive dualism as opposed to non-interactive dualism. I argue that non-interactive, epiphenomenalist dualism sacrifices so many crucial aspects of our human existence that interactive dualism is highly to be preferred to it, barring even stronger counterarguments against the latter. It is those putative counterarguments I address in parts II and III. Part II takes on the philosophical objections from the causal closure of the physical and from causal heterogeneity. The former takes the success of physics and physiology as basis for the doctrine of the causal closure of the physical (CCP). I argue against this that there is not only no convincing argument for CCP, but also that any science-based belief in CCP cannot be epistemically justified. As regards the causal heterogeneity objection, it is ‘weighed and found wanting’, because it relies on unwarranted assumptions about causation. In part III, I examine the objection from energy conservation. It roughly says that if interactive dualism were true, then energy would not be conserved, which physics taught us cannot be the case. My reply is that the underlying conception of energy (and momentum) conservation is wrong-headed and not the one that actual physicists use. Instead of being categorical and global, conservation laws are conditional and local, thereby making natural room for mental interaction. Some dualists, however, have sought to make interactive dualism conservation-friendly, notably by invoking quantum physics; I show that these attempts are unnecessary and create more problems than they solve. Finally, in chapter 9, I turn the tables on non-interactionists by investigating current neurophysiological literature on volitional actions, which, though not addressing the question directly, still encourages the interactive dualist picture more than a non-interactionist one. Part IV is about the interplay between interactive dualism and the laws of nature. The ultimate goal is, if possible, to come up with a theory of the laws of nature that explains the lawlike behavior of nature and at the same time makes room for interaction. I begin by pointing out that the laws of nature are or at least should be what physicalists worry about (chapter 10). I then proceed with a historical survey on the development of the notion of laws of nature (chapter 11) that sheds light on its theistic origin. This is followed by an inquiry into the question how a law of nature could possibly be broken (chapter 12) and a survey of the extant metaphysical theories of the laws of nature with special regard to their receptivity to interaction (chapter 13). Finally, in chapter 14 I develop a theory of the laws of nature both faithful to their divine origin and the possibility of mental interaction: dispositionalist divine decretalism, a synthesis of dispositionalism and Jeffrey Koperski’s divine decretalism. (shrink)

According to the mental model theory, causes and enablers differ in meaning, and therefore in their logical consequences (Goldvarg & Johnson-Laird, 2001). They are consistent with different possibilities. Recent psychological studies have argued to the contrary, and suggested that linguistic cues guide this distinction (Kuhnmünch & Beller, 2005). The issue is important because neither British nor American law recognizes this distinction (e.g., Roberts & Zuckerman, 2004). Yet, in our view, it is central to human conceptions of causality. Hence, in two (...) experiments, we examined our participants’ ability to distinguish between causes and enablers in scenarios describing the actions of two agents and a subsequent outcome, e.g.: ‘Mary threw a lighted cigarette into a bush. Just as the cigarette was going out, Laura deliberately threw petrol on it. The resulting fire burnt down her neighbor’s house.’ Here Mary enabled the fire to occur, whereas Laura caused the fire to occur. (shrink)

Bertrand Russell famously argued that causation is not part of the fundamental physical description of the world, describing the notion of cause as “a relic of a bygone age”. This paper assesses one of Russell’s arguments for this conclusion: the ‘Directionality Argument’, which holds that the time symmetry of fundamental physics is inconsistent with the time asymmetry of causation. We claim that the coherence and success of the Directionality Argument crucially depends on the proper interpretation of the ‘ (...) time symmetry’ of fundamental physics as it appears in the argument, and offer two alternative interpretations. We argue that: if ‘ time symmetry’ is understood as the time -reversal invariance of physical theories, then the crucial premise of the Directionality Argument should be rejected; and if ‘ time symmetry’ is understood as the temporally bidirectional nomic dependence relations of physical laws, then the crucial premise of the Directionality Argument is far more plausible. We defend the second reading as continuous with Russell’s writings, and consider the consequences of the bidirectionality of nomic dependence relations in physics for the metaphysics of causation. (shrink)

Contemporary debates on divine action tend to focus on finding a space in nature where there would be no natural causes, where nature offers indeterminacy, openness, and potentiality, to place God’s action. These places are found through the natural sciences, in particular quantum mechanics. God’s action is then located in those ontological ”causal-gaps’ offered by certain interpretations of quantum mechanics. In this view, God would determine what is left underdetermined in nature without disrupting the laws of nature. These contemporary proposals (...) evidence at least two unexamined assumptions, which frame the discussion in such a way that they portray God as acting as a secondary cause or a ”cause among causes’. God is somewhat required to act within these ”gaps’, binding God to the laws of nature, and placing God’s action at the level of secondary causes. I suggest that understanding God’s action, following Thomas Aquinas, in terms of primary and secondary causation could help dissolve this difficulty. Aquinas moves away from this objection by suggesting to speak of an analogical notion of cause, allowing for an analogical understanding of God’s causality in nature. With a radically different understanding of the interplay between secondary causes and God, Aquinas manages to avoid conceiving God as a cause among causes, keeping the distinctive transcendent character of God’s causality safe from objections. (shrink)

This is an attempt to axiomatise the natural laws. Note especially axiom 4, which is expressed in third order predicate logic, and which permits a solution to the problem of causation in nature without stating that “everything has a cause”. The undefined term “difference” constitutes the basic element and each difference is postulated to have an exact position and to have a discrete cause. The set of causes belonging to a natural set of dimensions is defined as a law. (...) This means that a natural law is determined by the discrete causes tied to a natural set of dimensions. A law is defined as “defined” in a point if a difference there has a cause. Given that there is a point for which the law is not defined it is shown that a difference is caused that connects two points in two separate sets of dimensions. (shrink)

In this paper, I shall argue that both emergence and downward causation, which are strongly interconnected, presuppose the presence of levels of reality. However, emergence and downward causation pull in opposite directions with respect to my best reconstruction of what levels are. The upshot is that emergence stresses the autonomy among levels while downward causation puts the distinction between levels at risk of a reductio ad absurdum, with the further consequence of blurring the very notion of downward. (...) Therefore, emergence and downward causation are not fit to each other vis-a-vis the concept of level. (shrink)

I want to make sense of the view that singular causation involves a metaphysical necessary connection. By this I understand, where A and B are particulars, that ifA causes B then in every possible world in which A (or an A-indiscernible) or B (or a B-indiscernible) occurs, A (or an Aindiscernible) and B (or a B-indiscernible) occur. In the singularist approach that I will favour causal facts do not supervene on laws, causal relata are best understood as tropes, (...) class='Hi'>causation is founded on the nature of its terms, and the necessity thus involved does not entail essentialism, determinism, and other usual problems. (shrink)

A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper (...) will also show how alternative approaches may not suffer from these epistemic challenges and are better placed to overcome them. (shrink)

We propose that all actual causes are simultaneous with their direct effects, as illustrated by both everyday examples and the laws of physics. We contrast this view with the sequential conception of causation, according to which causes must occur prior to their effects. The key difference between the two views of causation lies in differing assumptions about the mathematical structure of time.

According to a view that goes by “Humeanism,” causal facts supervene on patterns of worldly entities. The simplest form of Humeanism is the constant conjunction theory: a particular type-F thing causes a particular type-G thing iff (i) that type-Fis conjoined with that type-G thing and (ii) all F’s are conjoined with G’s. The constant conjunction theory implies that all causation is extrinsic, in the following sense: for all positive causal facts pertaining to each possible region,it’s extrinsic to that region (...) that those causal facts pertain to it. Actual Humeans don’t accept the constant conjunction theory; they accept more sophisticated versions of Humeanism. But I argue that they, too, are committed to the thesis that all causation is extrinsic. In arguing for this claim,I use a discussion from Brian Weatherson as a springboard. Weatherson argues that on a plausible Humean view, some regions are such that all of their possible duplicates have the same or similar natural laws. I show that this is false. If Humeanism is true, then for every possible region, there are possible duplicates of that region with utterly alien natural laws. As a consequence, no causal facts pertain intrinsically to any region. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

The principle of Information Conservation or Determinism is a governing assumption of physical theory. Determinism has counterfactual consequences. It entails that if the present were different, then the future would be different. But determinism is temporally symmetric: it entails that if the present were different, the past would also have to be different. This runs contrary to our commonsense intuition that what has happened in the future depends on the past in a way the past does not depend on the (...) future. To understand how this can be so we observe that while the truth of some counterfactuals is guaranteed by the laws of logic or the laws of nature, some are not. It is among the latter contingent, counterfactuals that we find temporal asymmetry. It is this asymmetry that gives causation a temporal direction. The temporal asymmetry of these counterfactuals is explained by the fact that the dynamical laws of nature are logically irreversible functions from partial states of the world onto other partial states. (Logical reversibility is not to be confused, though it too often is, with time-reversal invariance). Though these irreversible laws are locally indeterministic, they can sum to give a globally deterministic description of the world. This combination of global determinism and local indeterminism gives rise to contingent counterfactual dependence and gives that dependence a direction. That direction is independent of the direction of entropy. The direction of contingent counterfactual dependence is time's arrow. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Causation is defined as a relation between facts: C causes E if and only if C and E are nomologically independent facts and C is a necessary part of a nomologically sufficient condition for E. The analysis is applied to problems of overdetermination, preemption, trumping, intransitivity, switching, and double prevention. Preventing and allowing are defined and distinguished from causing. The analysis explains the direction of causation in terms of the logical form of dynamic laws. Even in a universe (...) that is deterministic in both temporal directions, not every fact must have a cause and present facts may have no future causes. (shrink)

Powers, capacities and dispositions (in what follows I will use these terms synonymously) have become prominent in recent debates in metaphysics, philosophy of science and other areas of philosophy. In this paper I will analyse in some detail a well-known argument from scientific practice to the existence of powers/capacities/dispositions. According to this argument the practice of extrapolating scientific knowledge from one kind of situation to a different kind of situation requires a specific interpretation of laws of nature, namely as attributing (...) dispositions to systems. My main interest will be to discuss what characteristics these dispositions need to have in order to account for the scientific practice in question. I will furthermore assess whether the introduction of dispositions in the context of the extrapolation argument can be described as a ‘revitalization’ or as a ‘return’ to those notions repudiated by early modern philosophers. More particularly I will argue for the following claims: I. In repudiating scholastic terminology, including substantial forms with their causal powers, post-cartesian philosophers focussed on a concept of causation that was much stronger than 21st century conceptions of causation. For this reason alone, whatever ‘causal’ is supposed to mean in today’s causal powers, embracing causal powers is not a simple return to a pre-cartesian notion. II. The dispositions presupposed in scientific practice need not (and should not) be construed in causal terms (whether strong or weak). III. While some early modern philosophers contrasted the characterisation of the natural world in terms of substantial forms (and their causal powers) on the one hand and a mathematical characterization on the other and suggested that these approaches are incompatible, the dispositions postulated by the extrapolation argument to account for scientific practice are themselves characterized in mathematical terms. More precisely: The behaviour the systems are disposed to display is – at least in physics – often characterized in mathematical terms. IV. The dispositions assumed in the law-statements in scientific practice are determinable rather than determinate properties. (shrink)

The rediscovery of Mendel's laws a century ago launched the science that William Bateson called "genetics," and led to a new view of evolution combining selection, particulate inheritance, and the newly characterized phenomenon of "mutation." This "mutationist" view clashed with the earlier view of Darwin, and the later "Modern Synthesis," by allowing discontinuity, and by recognizing mutation (or more properly, mutation-and-altered-development) as a source of creativity, direction, and initiative. By the mid-20th century, the opposing Modern Synthesis view was a prevailing (...) orthodoxy: under its influence, "evolution" was redefined as "shifting gene frequencies," that is, the sorting out of pre-existing variation without new mutations; and the notion that mutation-and-altered-development can exert a predictable influence on the course of evolutionary change was seen as heretical. Nevertheless, mutationist ideas re-surfaced: the notion of mutational determinants of directionality emerged in molecular evolution by 1962, followed in the 1980s by an interest among evolutionary developmental biologists in a shaping or creative role of developmental propensities of variation, and more recently, a recognition by theoretical evolutionary geneticists of the importance of discontinuity and of new mutations in adaptive dynamics. The synthetic challenge presented by these innovations is to integrate mutation-and-altered-development into a new understanding of the dual causation of evolutionary change--a broader and more predictive understanding that already can lay claim to important empirical and theoretical results--and to develop a research program appropriately emphasizing the emergence of variation as a cause of propensities of evolutionary change. (shrink)

This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are (...) the source of physical modality. Humeanism is the best known such approach, but there are other less well-known approaches. The second way, the second degree, is that the source of physical modality lies in certain second-order facts, involving a relation between universals. Armstrong’s necessitarianism and other views are second-degree views. The third way, the third degree, holds that properties themselves are the source of physical modality. This is the powers view. I examine four ways of developing the third degree: relational constitution, graph-theoretic structuralism, dispositional roles, and powerful qualities. All these ways are either incoherent, or just disguised versions of the first-degree. The new metaphysics of powers is illusory. With the collapse of the third degree, the second degree, the necessitarian view of law, collapses as well. I end the paper with some reflections on the first degree, on the problem of explaining necessary connections between distinct existences, and on the dim prospects of holist ontology. (shrink)

This article presents a critical analysis of two influential readings of Kant’s Second Analogy, namely, Gerd Buchdahl’s “modest reading” and Michael Friedman’s “strong reading.” After pointing out the textual and philosophical problems with each, I advance an alternative reading of the Second Analogy argument. On my reading, the Second Analogy argument proves the existence of necessary and strictly universal causal laws. This, however, does not guarantee that Kant has a solution for the problem of induction. After I explain why the (...) empirical lawfulness of nature does not guarantee the empirical uniformity of nature, I examine the modal status of empirical laws in Kant and argue contra Buchdahl and Friedman that empirical laws express two different kinds of necessity that are not reducible to each other. -/- . (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or (...) not. Melden, Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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Fictionalism in ontology is a mixed bag. Here I focus on three main variants—which I label after the names of Pascal, Berkeley, and Hume—and consider their relative strengths and weaknesses. The first variant is just a version of the epistemic Wager, applied across the board. The second variant builds instead on the fact that ordinary language is not ontologically transparent; we speak with the vulgar, but deep down we think with the learned. Finally, on the Humean variant it’s the structure (...) of the ontological inventory, not its content, that may turn out to involve fictional elements. That is, for the Humean the fiction lies, not in the reality of common-sense ontology, but in the laws—of unity, identity, causation, etc.—in terms of which we articulate our experience of that reality. In the end, this is the kind of fictionalism that I find most interesting, sensible, and tenable. And I argue that it is even compatible with the sort of “naive” realism we have all come to appreciate in the work of Paolo Bozzi, to whom the paper is dedicated. (shrink)

This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...) not a complete causal law, since it does not include a reference either to contiguity or to temporal priority. It is still argued that because of the empirical success of Newton ’s theory—the law is a statement of an exceptionless repetition—Hume gives his support to it in interpreting gravity force instrumentally as if it bore a causal relation to motion. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, Liberty and (...) Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

According to manipulationist accounts of causal explanation, to explain an event is to show how it could be changed by intervening on its cause. The relevant change must be a ‘serious possibility’ claims Woodward 2003, distinct from mere logical or physical possibility—approximating something I call ‘scientific possibility’. This idea creates significant difficulties: background knowledge is necessary for judgments of possibility. Yet the primary vehicles of explanation in manipulationism are ‘invariant’ generalisations, and these are not well adapted to encoding such knowledge, (...) especially in the social sciences, as some of it is non-causal. Ceteris paribus (CP) laws or generalisations labour under no such difficulty. A survey of research methods such as case and comparative studies, randomised control trials, ethnography, and structural equation modeling, suggests that it would be more difficult and in some instances impossible to try to represent the output of each method in invariant generalisations; and that this is because in each method causal and non-causal background knowledge mesh in a way that cannot easily be accounted for in manipulationist terms. Ceteris paribus-generalisations being superior in this regard, a theory of explanation based on the latter is a better fit for social science. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)