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Causation in the law

Stanford Encyclopedia of Philosophy (2008)

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  1. Can business corporations be legally responsible for structural injustice? The social connection model in (legal) practice.Barbara Bziuk - forthcoming - Critical Review of International Social and Political Philosophy:1-20.
    In May 2021, Royal Dutch Shell was ordered by the Hague District Court to significantly reduce its CO2 emissions. This ruling is unprecedented in that it attributes the responsibility for mitigating climate change directly to a specific corporate emitter. Shell neither directly causes climate change alone nor can alleviate it by itself; therefore, what grounds this responsibility attribution? I maintain that this question can be answered via Young’s social connection model of responsibility for justice. I defend two claims: First, I (...)
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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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  • Causing Things and Doing Things.Helen Steward - 2014 - In C. G. Pulman (ed.), Hart on Responsibility. New York, NY: Palgrave-Macmillan.
    This paper considers and criticises what appears to be a suggestion by Hart and Honore in 'Causation in the Law' that there is a category of basic doings, which ought not themselves to be regarded as causings. It argues instead that all actions are causings by the agent.
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  • Causal Argument.Ulrike Hahn, Frank Zenker & Roland Bluhm - 2017 - In Michael Waldmann (ed.), The Oxford Handbook of Causal Reasoning. Oxford, England: Oxford University Press. pp. 475-494.
    In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...)
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  • Utility, Progress, and Technology: Proceedings of the 15th Conference of the International Society for Utilitarian Studies.Michael Schefczyk & Christoph Schmidt-Petri (eds.) - 2021 - Karlsruhe: KIT Scientific Publishing.
    This volume collects selected papers delivered at the 15th Conference of the International Society for Utilitarian Studies, which was held at Karlsruhe Institute of Technology in July 2018. It includes papers dealing with the past, present, and future of utilitarianism – the theory that human happiness is the fundamental moral value – as well as on its applications to animal ethics, population ethics, and the future of humanity, among other topics.
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  • Sensitive and insensitive causation.James Woodward - 2006 - Philosophical Review 115 (1):1-50.
  • Is Durkheim the Enemy of Evolutionary Psychology?Schmaus Warren - 2003 - Philosophy of the Social Sciences 33 (1):25-52.
    an exemplar of an approach that takes the human mind to be largely the product of social and cultural factors with negligible contributions from biology. The author argues that on the contrary, his sociological theory of the categories is compatible with the possibility of innate cognitive capacities, taking causal cognition as his example. Whether and to what extent there are such innate capacities is a question for research in the cognitive neurosciences. The extent to which these innate capacities can then (...)
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  • A “Slice of Cheese”—a Deterrence-Based Argument for the International Criminal Court.Jakob von Holderstein Holtermann - 2010 - Human Rights Review 11 (3):289-315.
    Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...)
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  • Normality as Background Causality.Emilio Vicuña - 2022 - Husserl Studies 38 (2):197-220.
    Normality, for Husserl, is said in many ways. While the most detailed treatments of this technical Husserlian concept are usually found in discussions concerning the constitutive dimension of the lived body and intersubjectivity, little attention has been paid to the notion of normality understood as the tacit regularity of nature. Indeed, the normal can also be understood as the causal background which is presupposed, tentatively, in the anticipation of uniform processes of change, as well as in poieticinstrumental experiences, that is, (...)
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  • Horizonality and Defeasibility.Emilio Vicuña - 2019 - Husserl Studies 35 (3):225-247.
    The anticipation of the typical under the assumption of the non-occurrence of the atypical is the experiential schema governing the individuation of ordinary enduring objects and their properties. Against this background, a primitive form of “if-and-only-if” consciousness is implicit in our everyday perceptual intentions. The thematization of the fact that perception operates under this proto-tentative structure occurs at the level of reflection and is expressed by defeasible judgments of the form “if p, then q, unless r,” or “if p, then (...)
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  • The ontology of epistemic reasons.John Turri - 2009 - Noûs 43 (3):490-512.
    Epistemic reasons are mental states. They are not propositions or non-mental facts. The discussion proceeds as follows. Section 1 introduces the topic. Section 2 gives two concrete examples of how our topic directly affects the internalism/externalism debate in normative epistemology. Section 3 responds to an argument against the view that reasons are mental states. Section 4 presents two problems for the view that reasons are propositions. Section 5 presents two problems for the view that reasons are non-mental facts. Section 6 (...)
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  • Moral asymmetries in judgments of agency withstand ludicrous causal deviance.Paulo Sousa, Colin Holbrook & Lauren Swiney - 2015 - Frontiers in Psychology 6.
  • The causal metaphor account of metaphysical explanation.Jonathan L. Shaheen - 2017 - Philosophical Studies 174 (3):553-578.
    This paper argues that the semantic facts about ‘because’ are best explained via a metaphorical treatment of metaphysical explanation that treats causal explanation as explanation par excellence. Along the way, it defends a commitment to a unified causal sense of ‘because’ and offers a proprietary explanation of grounding skepticism. With the causal metaphor account of metaphysical explanation on the table, an extended discussion of the relationship between conceptual structure and metaphysics ends with a suggestion that the semantic facts about ‘because’ (...)
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  • Overdetermining causes.Jonathan Schaffer - 2003 - Philosophical Studies 114 (1-2):23 - 45.
    When two rocks shatter the window at once, what causes the window to shatter? Is the throwing of each individual rock a cause of the window shattering, or are the throwings only causes collectively? This question bears on the analysis of causation, and the metaphysics of macro-causation. I argue that the throwing of each individual rock is a cause of the window shattering, and generally that individual overdeterminers are causes.
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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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  • Old foundations for the logic of agency and action.Lennart Åqvist - 2002 - Studia Logica 72 (3):313-338.
    The paper presents an infinite hierarchy of sound and complete axiomatic systems for Two-Dimensional Modal Tense Logic with Historical Necessity, Agents and Acts. A main novelty of these logics is their capacity to represent formally (i) basic action-sentences asserting that such and such an act is performed/omitted by an agent, as well as (ii) causative action-sentences asserting that by performing/omitting a certain act, an agent causes that such and such a state-of-affairs is realized (e.g. comes about/ceases/remains/remains absent). We illustrate how (...)
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  • From Neuroscience to Law: Bridging the Gap.Tuomas K. Pernu & Nadine Elzein - 2020 - Frontiers in Psychology 11.
    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 (...)
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  • Probabilistic causation in efficiency-based liability judgments.Diego M. Papayannis - 2014 - Legal Theory 20 (3):210-252.
    In this paper I argue that economic theories have never been able to provide a coherent explanation of the causation requirement in tort law. The economic characterization of this requirement faces insurmountable difficulties, because discourse on tort liability cannot be reduced to a cost-benefit analysis without a loss of meaning. More seriously, I try to show that by describing causation in economic terms, economic theories offer an image of the practice in which the participants incur in logical contradictions and develop (...)
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  • Philosophical issues in tort law.John Oberdiek - 2008 - Philosophy Compass 3 (4):734-748.
    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.
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  • Verisimilitude: a causal approach.Robert Northcott - 2013 - Synthese 190 (9):1471-1488.
    I present a new definition of verisimilitude, framed in terms of causes. Roughly speaking, according to it a scientific model is approximately true if it captures accurately the strengths of the causes present in any given situation. Against much of the literature, I argue that any satisfactory account of verisimilitude must inevitably restrict its judgments to context-specific models rather than general theories. We may still endorse—and only need—a relativized notion of scientific progress, understood now not as global advance but rather (...)
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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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  • A liberal theory of externalities?Carl David Mildenberger - 2018 - Philosophical Studies 175 (9):2105-2123.
    Unlike exploitative exchanges, exchanges featuring externalities have never seemed to pose particular problems to liberal theories of justice. State interference with exchanges featuring externalities seems permissible, like it is for coercive or deceptive exchanges. This is because exchanges featuring negative externalities seem to be clear cases of the two exchanging parties harming a third one via the exchange—and thus of conduct violating the harm principle. This essay aims to put this idea into question. I will argue that exchanges featuring negative (...)
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  • On the Nature of Coincidental Events.Alessandra Melas & Pietro Salis - 2022 - Axiomathes 32 (1):143-68.
    It is a common opinion that chance events cannot be understood in causal terms. Conversely, according to a causal view of chance, intersections between independent causal chains originate accidental events, called “coincidences.” The present paper takes into proper consideration this causal conception of chance and tries to shed new light on it. More precisely, starting from Hart and Honoré’s view of coincidental events, this paper furnishes a more detailed account on the nature of coincidences, according to which coincidental events are (...)
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  • Predicting blame assignment in a case of negligent harm.David R. Mandel - 2010 - Mind and Society 9 (1):5-17.
    Theories of blame posit that observers consider causality, controllability, and foreseeability when assigning blame to actors. The present study examined which of these factors, either on their own or in interaction, predicted blame assigned to actors in a case of harm caused by negligence. The findings revealed that only causal impact ratings predicted blame. The findings also revealed a novel form of asymmetric discounting: the causal impact of a negligent actor was used to discount blame assigned to an innocent actor, (...)
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  • Is Abortion a Question of Personal Morality?Julie Kirsch - 2013 - International Journal of Applied Philosophy 27 (1):91-99.
    Is abortion a question of personal morality? Liberals and feminists often embrace this idea, but so also do those who are personally opposed to abortion. Someone may claim to believe personally that abortion is wrong without holding the corresponding public belief. I am interested in what exactly one means when one says that abortion is a question of personal morality. In Sec. II, I consider three influential interpretations of the claim that abortion is a question of personal morality. After showing (...)
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  • A disease by any other name: Musings on the concept of a genetic disease.Kelly C. Smith - 2001 - Medicine, Health Care and Philosophy 4 (1):19-30.
    What exactly is a genetic disease? For a phrase one hears on a daily basis, there has been surprisingly little analysis of the underlying concept. Medical doctors seem perfectly willing to admit that the etiology of disease is typically complex, with a great many factors interacting to bring about a given condition. On such a view, descriptions of diseases like cancer as geneticseem at best highly simplistic, and at worst philosophically indefensible. On the other hand, there is clearly some practical (...)
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  • Processes, pre-emption and further problems.Andreas Hüttemann - 2020 - Synthese 197 (4):1487-1509.
    In this paper I will argue that what makes our ordinary judgements about token causation true can be explicated in terms of interferences into quasi-inertial processes. These interferences and quasi-inertial processes can in turn be fully explicated in scientific terms. In this sense the account presented here is reductive. I will furthermore argue that this version of a process-theory of causation can deal with the traditional problems that process theories have to face, such as the problem of misconnection and the (...)
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  • Doing, Allowing, and the State.Adam Omar Hosein - 2014 - Law and Philosophy 33 (2):235-264.
    The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...)
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  • Causation in the law.Antony Honoré - 2008 - Stanford Encyclopedia of Philosophy.
  • Murder: Effects of number of killers and victim mutilation on simulated jurors’ judgments.Clyde Hendrick & David R. Shaffer - 1975 - Bulletin of the Psychonomic Society 6 (3):313-316.
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  • Not functional yet a difference maker: junk DNA as a case study.Joyce C. Havstad & Alexander F. Palazzo - 2022 - Biology and Philosophy 37 (4):1-27.
    It is often thought that non-junk or coding DNA is more significant than other cellular elements, including so-called junk DNA. This is for two main reasons: because coding DNA is often targeted by historical or current selection, it is considered functionally special and because its mode of action is uniquely specific amongst the other actual difference makers in the cell, it is considered causally special. Here, we challenge both these presumptions. With respect to function, we argue that there is previously (...)
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  • What Caused the Bhopal Gas Tragedy? The Philosophical Importance of Causal and Pragmatic Details.Brian J. Hanley - 2021 - Philosophy of Science 88 (4):616-637.
    In cases in which many causes together bring about an effect, it is common to select some as particularly important. Philosophers since Mill have been pessimistic about analyzing this reasoning because of its variability and the multifarious causal and pragmatic details of how it works. I argue Mill was right to think these details matter but wrong that they preclude philosophical analysis of causal selection. I show that analyzing the pragmatic details of scientific debates about the important causes of the (...)
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  • Law and Violence.Alexander Guerrero - 2022 - Journal of Ethics and Social Philosophy 22 (1).
    The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence and move to (...)
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  • Genetic traits.Fred Gifford - 1990 - Biology and Philosophy 5 (3):327-347.
    Recognizing that all traits are the result of an interaction between genes and environment, I offer a set of criteria for nevertheless making sense of our practice of singling out certain traits as genetic ones, in effect making a distinction between causes and mere conditions. The central criterion is that a trait is genetic if it is genetic differences that make the differences in that trait variable in a given population. A second criterion requires that genetic traits be individuated in (...)
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  • Broken brakes and dreaming drivers: the heuristic value of causal models in the law.Enno Fischer - 2024 - European Journal for Philosophy of Science 14 (1):1-20.
    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 (...)
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  • An Actual-Sequence Theology.John Martin Fischer - 2022 - Roczniki Filozoficzne 70 (1):49-78.
    In this paper I develop a sketch of an overall theology that dispenses with “alternative-possibilities” freedom in favor of “actual-sequence” freedom. I hold that acting freely does not require freedom to do otherwise, and that acting freely is the freedom component of moral responsibility. Employing this analytical apparatus, I show how we can offer various important elements of a theology that employs only the notion of acting freely. I distinguish my approach from the important development of Open Theism by William (...)
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  • Interactionism, Post-interactionism, and Causal Complexity: Lessons From the Philosophy of Causation.María Ferreira Ruiz & Jon Umerez - 2021 - Frontiers in Psychology 12.
    In biology and philosophy of biology, discussing the notion of interaction leads to an examination of interactionism, which is, broadly speaking, the view that rejects gene-centrism and gene determinism and instead emphasizes the fact that traits of organisms are always the result of genes and environments. It has long been asserted that the nature-nurture problem requires an interactionist solution of sorts, the so-called interactionist consensus. This consensus, however, has been deemed insufficient and challenged by several authors triggering an extension of (...)
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  • A dynamical systems approach to causation.Peter Fazekas, Balazs Gyenis, Gábor Hofer-Szabó & Gergely Kertesz - 2019 - Synthese 198 (7):6065-6087.
    Our approach aims at accounting for causal claims in terms of how the physical states of the underlying dynamical system evolve with time. Causal claims assert connections between two sets of physicals states—their truth depends on whether the two sets in question are genuinely connected by time evolution such that physical states from one set evolve with time into the states of the other set. We demonstrate the virtues of our approach by showing how it is able to account for (...)
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  • On the Methodology of the Social Sciences: A Review Essay Part II. [REVIEW]Toby E. Huff - 1982 - Philosophy of the Social Sciences 12 (1):81-94.
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  • On the Methodology of the Social Sciences: A Review Essay Part I.Toby E. Huff - 1981 - Philosophy of the Social Sciences 11 (4):461-475.
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  • Propensity trajectories, preemption, and the identity of events.Ellery Eells - 2002 - Synthese 132 (1-2):119 - 141.
    I explore the problem of ``probabilistic causal preemption'' in the context of a``propensity trajectory'' theory of singular probabilistic causation. This involvesa particular conception of events and a substantive thesis concerning events soconceived.
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  • Research in progress: report on the ICAIL 2017 doctoral consortium.Maria Dymitruk, Réka Markovich, Rūta Liepiņa, Mirna El Ghosh, Robert van Doesburg, Guido Governatori & Bart Verheij - 2018 - Artificial Intelligence and Law 26 (1):49-97.
    This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.
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  • Multi-Level Selection and the Explanatory Value of Mathematical Decompositions.Christopher Clarke - 2016 - British Journal for the Philosophy of Science 67 (4):1025-1055.
    Do multi-level selection explanations of the evolution of social traits deepen the understanding provided by single-level explanations? Central to the former is a mathematical theorem, the multi-level Price decomposition. I build a framework through which to understand the explanatory role of such non-empirical decompositions in scientific practice. Applying this general framework to the present case places two tasks on the agenda. The first task is to distinguish the various ways of suppressing within-collective variation in fitness, and moreover to evaluate their (...)
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  • Causation, norms, and omissions: A study of causal judgments.Randolph Clarke, Joshua Shepherd, John Stigall, Robyn Repko Waller & Chris Zarpentine - 2015 - Philosophical Psychology 28 (2):279-293.
    Many philosophical theories of causation are egalitarian, rejecting a distinction between causes and mere causal conditions. We sought to determine the extent to which people's causal judgments discriminate, selecting as causes counternormal events—those that violate norms of some kind—while rejecting non-violators. We found significant selectivity of this sort. Moreover, priming that encouraged more egalitarian judgments had little effect on subjects. We also found that omissions are as likely as actions to be judged as causes, and that counternormative selectivity appears to (...)
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  • Covariation in natural causal induction.Patricia W. Cheng & Laura R. Novick - 1992 - Psychological Review 99 (2):365-382.
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  • The Oxford Handbook of Causal Reasoning.Michael Waldmann (ed.) - 2017 - Oxford, England: Oxford University Press.
    Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. In the past decades, the important role of causal knowledge has been discovered in many areas of cognitive (...)
  • Purifying impure virtue epistemology.Fernando Broncano-Berrocal - 2018 - Philosophical Studies 175 (2):385-410.
    A notorious objection to robust virtue epistemology—the view that an agent knows a proposition if and only if her cognitive success is because of her intellectual virtues—is that it fails to eliminate knowledge-undermining luck. Modest virtue epistemologists agree with robust virtue epistemologists that if someone knows, then her cognitive success must be because of her intellectual virtues, but they think that more is needed for knowledge. More specifically, they introduce independently motivated modal anti-luck principles in their accounts to amend the (...)
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  • Degrees of Causation.Matthew Braham & Martin van Hees - 2009 - Erkenntnis 71 (3):323 - 344.
    The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...)
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  • An Anatomy of Moral Responsibility.M. Braham & M. van Hees - 2012 - Mind 121 (483):601-634.
    This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...)
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  • Natural Human Rights : A Reply to my Colleagues.Boylan Michael - 2016 - Journal of Applied Ethics and Philosophy 8:41-50.
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