I formulate a counterfactual version of the notorious ‘Ramsey Test’. Whereas the Ramsey Test for indicative conditionals links credence in indicatives to conditional credences, the counterfactual version links credence in counterfactuals to expected conditional chance. I outline two forms: a Ramsey Identity on which the probability of the conditional should be identical to the corresponding conditional probability/expectation of chance; and a Ramsey Bound on which credence in the conditional should never exceed the latter. Even in the weaker, bound, form, the (...) counterfactual Ramsey Test makes counterfactuals subject to the very argument that Lewis used to argue against the indicative version of the Ramsey Test. I compare the assumptions needed to run each, pointing to assumptions about the time‐evolution of chances that can replace the appeal to Bayesian assumptions about credence update in motivating the assumptions of the argument. I finish by outlining two reactions to the discussion: to indicativize the debate on counterfactuals; or to counterfactualize the debate on indicatives. (shrink)

This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights (...) in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts. (shrink)