According to the standard version of the counterfactual comparative account of harm, an event is overall harmful for an individual if and only if she would have been on balance better off if it had not occurred. This view faces the “preemption problem.” In the recent literature, there are various ingenious attempts to deal with this problem, some of which involve slight additions to, or modifications of, the counterfactual comparative account. We argue, however, that none of these (...) attempts work, and that the preemption problem continues to haunt the counterfactual comparative account. (shrink)

Because harm is an important notion in ethics, it’s worth investigating what it amounts to. The counterfactual comparative account of harm, commonly thought to be the most promising account of harm, analyzes harm by comparing what actually happened with what would have happened in some counterfactual situation. But it faces the preemption problem, a problem so serious that it has driven some to suggest we abandon the counterfactual comparative account and maybe even abandon the notion of harm (...) altogether. This paper defends a version of the counterfactual comparative account that solves the preemption problem, a version called the “worse than nothing account.” It says that you harm someone just in case you leave them worse off than if you’d done nothing at all. (shrink)

In response to counterexamples involving late preemption, David Lewis (1986) revised his original (1973) counterfactual analysis of causation to include the notion of quasi-dependence. Jonardon Ganeri, Paul Noordhof and Murali Ramachandran (1998) argue that their ‘PCA*-analysis’ of causation solves the problem of late preemption and is superior to Lewis’s analysis. I show that neither quasi-dependence nor the PCA*-analysis solves the problem of late preemption.

What kind of reasons for belief are provided by the testimony of experts? In a world where we are often inundated with fake news, misinformation, and conspiracy theories, this question is more pressing than ever. A prominent view in the philosophical literature maintains that the reasons provided by experts are preemptive in that they normatively screen off, or defeat, other relevant reasons. In this paper, I raise problems for this conception of expertise, including a wholly new one that I call (...) the Problem of the Predatory Expert, which targets both original versions of preemption as well as new, modified ones that aim to avoid some of the standard objections. (shrink)

The seeming absence of negative evidence in the input that children receive during language acquisition has long been regarded as a serious problem for non-nativist linguistic theories. Among the solutions that have been suggested for this problem, preemption by competing structures is doubtless the most intensively researched and widely accepted. However, while preemption works well in the domain of morphology, it cannot apply categorically in the domain of syntax, as this would preclude the existence of semantically (...) overlapping constructions, such as the ditransitive and the prepositional dative, which can be used alternatively with many, but not all, verbs of literal or metaphorical transfer. This paper investigates one specific version of preemption briefly entertained by Pinker (Language learnability and language development, Harvard University Pressm, 1984), which would account both for the existence of semantically overlapping constructions and for the fact that these constructions may preempt each other in the case of individual verbs. Typically, such pairs of grammatical constructions differ in their information-structural restrictions and speakers tend to choose the construction that best fits a given discourse context; when speakers use a construction even though there is an alternative that fits the discourse context better, children may take this as evidence that the alternative is not available for the specific verb in question. Two corpus studies are presented, comparing the information-structural profile of prepositional dative constructions containing verbs that may alternate between the dative and the ditransitive with the information structural profile of verbs that are restricted to the prepositional dative. For Pinker's preemptive mechanism to be feasible, there should be a clear and systematic difference in the information-structural profile of these two classes of verbs. However, no such difference can be found in actual usage. (shrink)

This paper aims to outline a counterfactual theory of divine atemporal causation that avoids problems of preemption. As a result, the presentation of the analysis is structured such that my counterfactual analysis directly addresses preemption issues. If these problems can be avoided, the theist is well on her way to proposing a usable metaphysical concept of atemporal divine causation. In the first section, I outline Lewis’ original counterfactual analysis as well as how these cases of preemption cause (...) problems for his analysis. In particular, two cases of preemption have proven problematic for counterfactual analyses: late preemption and trumping preemption. In the second section, I propose a counterfactual analysis of divine causation that is not subject to these problems of preemption. I present a counterfactual analysis of timeless divine causation, supplemented by a definition of what it means for God to allow an event to happen. In the third section, I argue this analysis is not prey to problems of preemption. (shrink)

Preemption games are widely used to model patent races, innovation adoption and market entry problems. A previously neglected feature of these problems is that the agents’ states (e.g. R&D …rms’ technological improvements) are kept secret and stochastically change over time. We fully characterize equilibrium in preemption games where private information evolves according to Poisson processes, and provide a strategic rationale for the common wisdom that ‘big things happen fast.’ In the context of patent races we surprisingly …nd that (...) strengthening patent rights need not increase innovation disclosure. Furthermore, we clarify a basic welfare tradeo¤ between duplication costs and preemption: the former likely take place in early stages of the race, and preemption in later stages. (shrink)

David Lewis championed a counterfactual account of causation, but counterfactual accounts have a notoriously difficult time handling cases of late preemption. These are cases in which we still count one event as the cause of another although the effect does not depend on the cause in the way taken to be necessary by the account. Lewis recognized these cases, but they have been shown to be problematic even for his final analysis of causation, the Influence Account. In this paper, (...) I show how these cases led to and remain a problem for Lewis’s Influence Account, and I give a new counterfactual account available to a Lewisian that can handle late preemption cases. What is crucial to my account is that a cause not merely has counterfactual influence over its effects, but that the cause has influence of the right kind. I conclude by arguing that even if problems remain with this account, they will not be problems of late preemption, and the problems stemming from other kinds of cases will be no worse for my account than for other counterfactual accounts. (shrink)

Counter factual theories of Causation have had problems with cases of probabilistic causation and preemption. I put forward a counterfactual theory that seems to deal with these problematic cases and also has the virtue of providing an account of the alleged asymmetry between hasteners and delayers: the former usually being counted as causes, the latter not. I go on to consider a new type of problem case that has not received so much attention in the literature, those I (...) dub catalysts and anti-catalysts, and show how my account needs to be adjusted to deliver the right verdicts in these cases. The net result is a particular conception of a cause that I try to spell out in the closing section of the paper. In that section, I also briefly discuss causal asymmetry and the purpose behind providing a counterfactual theory of causation. (shrink)

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.

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

The counterfactual comparative account of harm faces problems in cases that involve overdetermination and preemption. An influential strategy for dealing with these problems, drawing on a suggestion made by Derek Parfit, is to appeal to _plural harm_—several events _together_ harming someone. We argue that the most well-known version of this strategy, due to Neil Feit, as well as Magnus Jedenheim Edling’s more recent version, is fatally flawed. We also present some general reasons for doubting that the overdetermination and (...) class='Hi'>preemption problems for the counterfactual comparative account can be satisfactorily solved by appealing to plural harm. (shrink)

Nancy Cartwright begins her recent book, Hunting Causes and Using Them, by noting that while a few years ago real causal claims were in dispute, nowadays “causality is back, and with a vengeance.” In the case of the social sciences, Keith Morrison writes that “Social science asks ‘why?’. Detecting causality or its corollary—prediction—is the jewel in the crown of social science research.” With respect to the health sciences, Judea Pearl writes that the “research questions that motivate most studies in the (...) health sciences are causal in nature.” However, not all data used by people interested in making causal claims come from experiments that use random assignment to control and treatment groups. Indeed, much research in the social and health science depends on non-experimental, observational data. Thus, one of the most important problems in the social and health sciences concerns making warranted causal claims using non-experimental, observational data; viz., “Can observational data be used to make etiological inferences leading to warranted causal claims?” This paper examines one method of warranting causal claims that is especially widespread in epidemiology and the health sciences generally—the use of causal criteria. It is argued that cases of complex causation generally, and redundant causation—both causal overdetermination and causal preemption—specifically, undermine the use of such criteria to warrant causal claims. (shrink)

Can an act harm someone—a future someone, someone who does not exist yet but will—if that person would never exist but for that very action? This is one question raised by the non-identity problem. Many would argue that the answer is No: an action harms someone only insofar as it is worse for her, and an action cannot be worse for someone if she would not exist without it. The first part of this paper contends that the plausibility of (...) the ‘no harm’ argument stems from an equivocation. The second half argues for an account of harm that is both causal and contrastive. Finally, the paper contends that the contrastive account disarms the no harm argument and furthermore neutralizes a related argument that has been problematic for some previously proposed solutions to the non-identity problem. (shrink)

This is about a proposed solution to the exclusion problem, one I've defended elsewhere. Details aside, it's just the identity theory : mental properties face no threat of exclusion from, or preemption by, physical properties, because every mental property is a physical property. Here I elaborate on this solution and defend it from some objections. One of my goals is to place it in the context of a more general ontology of properties, in particular, a trope ontology.

Health-care provider liability has again taken center stage in American political debate, but with an ironic twist. In the seventies, physicians wanted tort reform, but they measured such reform solely by a reduction in both the risk of being sued and the size of any judgment a plaintiff could win. Malpractice reforms in many states in the seventies therefore capped damages, reduced contingency awards to lawyers, and restricted other tort rules to limit plaintiff success. Today physicians are conflicted. They want (...) an increase in liability exposure — not for themselves, but for managed care plans. We have therefore ended up with a series of overlapping debates, with the same debaters taking contradictory positions. Should managed care organizations—until now protected by ERISA preemption from liability—be liable? Physicians say yes. But should physicians be protected from the threat of suit, which they argue acts as an in terrorem device that drives disclosure of medical errors into hiding? (shrink)

Health-care provider liability has again taken center stage in American political debate, but with an ironic twist. In the seventies, physicians wanted tort reform, but they measured such reform solely by a reduction in both the risk of being sued and the size of any judgment a plaintiff could win. Malpractice reforms in many states in the seventies therefore capped damages, reduced contingency awards to lawyers, and restricted other tort rules to limit plaintiff success. Today physicians are conflicted. They want (...) an increase in liability exposure — not for themselves, but for managed care plans. We have therefore ended up with a series of overlapping debates, with the same debaters taking contradictory positions. Should managed care organizations—until now protected by ERISA preemption from liability—be liable? Physicians say yes. But should physicians be protected from the threat of suit, which they argue acts as an in terrorem device that drives disclosure of medical errors into hiding? (shrink)

David Lewis’s latest theory of causation defines the causal link in terms of the relation of influence between events. It turns out, however, that one event’s influencing another is neither a necessary nor sufficient condition for its being a cause of that event. In the article one particular case of causality without influence is presented and developed. This case not only serves as a counterexample to Lewis’s influence theory, but also threatens earlier counterfactual analyses of causation by admitting a particularly (...) troublesome type of preemption. The conclusion of the article is that Lewis’s influence method of solving the preemption problem fails, and that we need a new and fresh approach to the cases of redundant causation if we want to hold on to the counterfactual analysis of causation. (shrink)

In this paper, I investigate backward-looking accounts of death's badness. I begin by reviewing deprivationism—the standard, forward-looking account of death's badness. On deprivationism, death is bad for its victims when it deprives them of a good future. This account famously faces two problems—Lucretius’s symmetry problem and the preemption problem. This motivates turning to backward-looking accounts of death's badness on which death is bad for its victim (in a respect) when it involves a decline from a good life. (...) I distinguish three different backward-looking accounts of death's badness in terms of decline, and I argue for the attractiveness of one in particular. I conclude by considering how the backward-looking consideration of decline might factor into our overall account of death's badness. (shrink)

David Lewis modified his original theory of causation in response to the problem of ‘late preemption’ (see 1973b; 1986b: 193-212). However, as we will see, there is a crucial difference between genuine and preempted causes that Lewis must appeal to if his solution is to work. We argue that once this difference is recognized, an altogether better solution to the preemption problem presents itself.

Philosophers have already recognized the importance of causal preemption involving “positive” events. First, preemption with positive events raises problems for counterfactual theories of causation. Second, theories of moral and legal responsibility rely heavily on the concept of causation, so accurately assessing responsibility in preemption cases requires correctly assessing their causal structure. However, philosophers have not discussed preemption involving “negative” events or omissions. This paper argues that cases of preemptive omissions exist and have important implications for theories (...) of causation and for moral and legal responsibility. Of theoretical importance, the alterations made to counterfactual theories of causation to address preemption with positive events do not seem to work for accommodating preemptive omissions. Of practical importance, there have been actual legal cases involving preemptive omissions, and at least one such case was, this paper contends, decided incorrectly on erroneous causal grounds. This paper identifies what must happen for preemptive omissions to obtain. It then argues for the existence of preemptive omissions by constructing a series of cases and drawing structural parallels between preemption cases with positive events and cases with omissions. It ultimately presents a formula for generating preemptive omissions and examines both why “traditional” methods of generating preemption fail for omissions and why the proposed method avoids such concerns. (shrink)

Causation is at once familiar and mysterious. Neither common sense nor extensive philosophical debate has led us to anything like agreement on the correct analysis of the concept of causation, or an account of the metaphysical nature of the causal relation. Causation: A User's Guide cuts a clear path through this confusing but vital landscape. L. A. Paul and Ned Hall guide the reader through the most important philosophical treatments of causation, negotiating the terrain by taking a set of examples (...) as landmarks. They clarify the central themes of the debate about causation, and cover questions about causation involving omissions or absences, preemption and other species of redundant causation, and the possibility that causation is not transitive. Along the way, Paul and Hall examine several contemporary proposals for analyzing the nature of causation and assess their merits and overall methodological cogency.The book is designed to be of value both to trained specialists and those coming to the problem of causation for the first time. It provides the reader with a broad and sophisticated view of the metaphysics of the causal relation. (shrink)

Causal overdetermination occupies an uncomfortable place within all the major theories of causation. A natural solution to the problems it gives rise to would be to resolve overdetermination into preemption or joint causation. However, such a solution would seem to lead to individuate events in a fragile manner. The issue of such modal fragility is addressed and it is argued that events designated as effects are always fragile in a natural way and the putative problems of adopting modal fragility (...) can be resolved. It is also studied whether causal overdetermination could work in a setting where the overdetermining causes occur in different levels of reality. Typically postulated higher-level causes are shown to contradict the definitional features of overdetermination. There is thus no reasonable role for causal overdetermination and the notion should be abandoned. (shrink)

This book focuses on the nature and importance of harm by providing a sustained defense of the counterfactual comparative account, in particular by extending the account to allow for a certain kind of plural or collective harm. According to the counterfactual comparative account, an event harms a person provided that she would have been better off had it not occurred. On the account defended in this book, there are cases in which some events harm a given individual even though none (...) of them by itself harms the individual. This account aims to solve the most serious problem facing the counterfactual comparative account, a problem involving cases of preemption. In such cases, an intuitively harmful event does not make the victim worse off, since if it had not occurred, another event would have had a similar adverse influence on the victim’s well-being. The book also contains discussion of various competing accounts of harm, and it replies to other challenges to the counterfactual comparative account. It argues, moreover, that an action that would harm a person does not thereby have a strong moral reason against it; if there is a strong moral reason against a harmful act, the reason is due primarily to some of the act’s other features. (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)

The article deals with one particular problem created by the counterfactual analysis of causality à la Lewis, namely the context-sensitivity problem or, as I prefer to call it, the background condition problem. It appears that Lewis’ counterfactual definition of causality cannot distinguish between proper causes and mere causal conditions – i.e. factors necessary for the effect to occur, but commonly not seen as causally efficacious. The proposal is put forward to amend the Lewis definition with a condition, (...) based on the notion of cotenability, which would eliminate the problem. It is shown that the corrected definition of causality leads to the transitivity of the causal relation. Possible objections to the proposed solution, involving the assumption of indeterminism and the preemption cases, are given a thorough consideration. (shrink)