The modal account of luck has become very popular and influential in the past decade. More recently, some of its proponents have also put forth a modal account of risk and argued that we ought to apply it to problems both in and out of philosophy. This paper tries to show that modal conceptions of luck and risk are mistaken.

We define a formal semantics of conditionals based on _normatively ideal worlds_. Such worlds are described informally by Armgardt (Gabbay D, Magnani L, Park W, Pietarinen A-V (eds) Natural arguments: a tribute to john woods, College Publications, London, pp 699–708, 2018) to address well-known problems of the counterfactual approach to causation. Drawing on Armgardt’s proposal, we use iterated conditionals in order to analyse causal relations in scenarios of multi-agent interaction. This results in a refined counterfactual approach to causal responsibility in (...) legal contexts, which solves overdetermination problems in an intuitively accessible manner. (shrink)

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)

This paper concerns an epistemological objection against mathematical platonism, due to Hartry Field.The argument poses an explanatory challenge – the challenge to explain the reliability of our mathematical beliefs – which the platonist, it’s argued, cannot meet. Is the objection compelling? Philosophers disagree, but they also disagree on (and are sometimes very unclear about) how the objection should be understood. Here I distinguish some options, and highlight some gaps that need to be filled in on the potentially most compelling version (...) of the argument. (shrink)

Whether collective agency is a coherent concept depends on the theory of agency that we choose to adopt. We argue that the enactive theory of agency developed by Barandiaran, Di Paolo and Rohde (2009) provides a principled way of grounding agency in biological organisms. However the importance of biological embodiment for the enactive approach might lead one to be skeptical as to whether artificial systems or collectives of individuals could instantiate genuine agency. To explore this issue we contrast the concept (...) of collective agency with multi-agent systems and multi-system agents, and argue that genuinely collective agents instantiate agency at both the collective level and at the level of the component parts. Developing the enactive model, we propose understanding agency – both at the level of the individual and of the collective – as spectra that are constituted by dimensions that vary across time. Finally, we consider whether collectives that are not merely metaphorically ‘agents’ but rather are genuinely agentive also instantiate subjectivity at the collective level. We propose that investigations using the perceptual crossing paradigm suggest that a shared lived perspective can indeed emerge but this should not be conflated with a collective first-person perspective, for which material integration in a living body may be required. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications for (...) choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

Um dos grandes desafios da era da informação consiste em filtrar informações claras, rigorosas e atualizadas sobre tópicos importantes. O mesmo vale para a filosofia. Como encontrar conteúdo filosófico confiável em meio a milhares de artigos publicados diariamente na internet? Para ir ainda mais longe, como encontrar uma introdução a algum tópico com uma lista de referências bibliográficas atualizadas e que seja organizada por um especialista da área? Já que você começou a ler este livro, é provável que tenha ouvido (...) falar em algum momento da Enciclopédia Stanford de Filosofia, disponível gratuitamente na internet desde 1995. A página da Stanford faz exatamente isso. Ela cobre inúmeros verbetes sobre quase tudo em filosofia, oferecendo informação confiável sobre temas como feminismo, filosofia na América Latina, zumbis, metafísica e milhares de outros tópicos. A sugestão típica aos profissionais da filosofia que têm interesse em começar a estudar algum tópico, mas não sabem sequer por onde começar, é procurar pelo verbete relevante da Stanford. Infelizmente, o grande empecilho da página para o nosso contexto é que todos os verbetes estão disponíveis apenas em inglês, algo que cria um obstáculo a inúmeros estudantes e interessados que não dominam a língua. Neste sentido, acreditamos que esta publicação preencha um hiato importante na filosofia brasileira. Embora a filosofia no Brasil tenha se profissionalizado e expandido ao longo dos anos, há ainda lacunas em diversas áreas, e os verbetes foram aqui selecionados cuidadosamente no intuito de preencher ao menos algumas dessas lacunas. Este livro apresenta quatro verbetes cruciais para a filosofia, aqui divididos em quatro capítulos: (1) condições necessárias e suficientes, (2) referência (3) causação e (4) consciência. (shrink)

This book is in honour of Professor Anna-Sofia Maurin on her 50th birthday. It consists of eighteen essays on metaphysical issues written by Swedish and international scholars.

While it is well recognized that many everyday consumer behaviors, such as purchases of sweatshop goods, come at a cost to the global poor, it has proven difficult to argue that even knowing, repeat contributors are somehow morally complicit in those outcomes. Some recent approaches contend that marginal contributions to distant harms are consequences that consumers straightforwardly should have born in mind, which would make consumers seem reckless or negligent. Critics reasonably reply that the bad luck that my innocent purchase (...) contributes distantly to harm provides insufficient grounds for moral blame; moreover, such distant and seemingly inevitable collective effects are not by themselves obvious reasons for agents to refrain from acting. Granting these criticisms, I argue that the harm that agents do through knowing contributions to distant collective harm actually builds on the morally sparse agential phenomenology of everyday purchases and decisions: contributors who knowingly disregard distant harms, rather than being reckless or negligent about consequences they should have foreseen, very directly perpetuate the moral invisibility and the lack of recognition from which the global poor generally suffer. This provides agents with clearer moral reasons to refrain from knowing participation in unstructured collective harms, and clearer reason to bear them in mind in acting. (shrink)

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the (...) threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good. (shrink)

Imagine you and your friend Pierre agreed on meeting each other at a café, but he does not show up. What is the difference between a friend’s not showing up meeting? and any other person not coming? In some sense, all people who did not come show the same kind of behaviour, but most people would be willing to say that the absence of a friend who you expected to see is different in kind. In this paper, I will spell (...) out this difference by investigating laypeople’s conceptualisation of absences of actions in four experiments. In languages such as German, French, Italian, or Polish, people consider a friend’s not coming an omission. Any other person’s not coming, in contrast, is not considered an omission at all, but just a mere nothing. This use of the term omission differs from the usage in English, where ‘omission’ refers to all kinds of absences. In addition, ‘omission’ is not even an everyday term, but invented by philosophers for the sake of philosophical investigation. In other languages, ‘omission’ is part of an everyday vocabulary. Finally, I will discuss how this folk concept of omission could be made fruitful for philosophical questions. (shrink)

The omission effect, first described by Spranca and colleagues, has since been extensively studied and repeatedly confirmed. All else being equal, most people judge it to be morally worse to actively bring about a negative event than to passively allow that event to happen. In this paper, we provide new experimental data that challenges previous studies of the omission effect both methodologically and philosophically. We argue that previous studies have failed to control for the equivalence of rules that are violated (...) by actions and omissions. Once equivalent norms are introduced, our results show that the omission effect is eliminated, even if the negative outcome of the behavior is foreseen and intended by the agent. We show that the omission effect does not constitute a basic, moral disposition but occurs exclusively in complex moral situations. Building on these empirical results, we cast doubt onto two influential explanations of the omission effect, the Causal Relevance Hypothesis and the Overgeneralization Hypothesis, and provide a novel explanation of the phenomenon. Furthermore, we discuss various ramifications of the interplay between our understanding of omissions and legal systems. (shrink)

A central argument for non-reductive accounts of group agency is that complex social entities are capable of exerting causal influence independently of and superseding the causal efficacy of the individuals constituting them. A prominent counter is that non-reductionists run into an insuperable dilemma between identity and redundancy – with identity undermining independent higher-level efficacy and redundancy leading to overdetermination or exclusion. This paper argues that critics of non-reductionism can manage with a simpler and more persuasive reductio strategy called mapping: allow (...) that group agents are causally efficacious in their own right and chart how their causal efficacy is carried out; how it relates to the causal efficacy of individual determiners; how it connects to the causal relevance of background structural factors. The focus exclusively on whether groups are or are not causally efficacious black-boxes implementation, while close attention to how causation is wired increases the visibility of individualist arguments and countenances structure-oriented explanations. (shrink)

We propose a unified theory of intentions as neural processes that integrate representations of states of affairs, actions, and emotional evaluation. We show how this theory provides answers to philosophical questions about the concept of intention, psychological questions about human behavior, computational questions about the relations between belief and action, and neuroscientific questions about how the brain produces actions. Our theory of intention ties together biologically plausible mechanisms for belief, planning, and motor control. The computational feasibility of these mechanisms is (...) shown by a model that simulates psychologically important cases of intention. (shrink)

Michael Moore’s Causation and Responsibility offers an integrated conception of the law, morality, and metaphysics, centered on the notion of causation, grounded in a detailed knowledge of case law, and supported on every point by cogent argument. This is outstanding work. It is a worthy successor to Harte and Honoré’s classic Causation in the Law, and I expect that it will guide discussion for many years to come.

What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...) off better. In place of I suggest the more explicit An explicitly contrastive approach can thus potentially help the lawyer phrase her causal question in a more explicit way, while shedding light on our conception of causation. (shrink)

A popular strategy for meeting over-determination and pre-emption challenges to the comparative counterfactual conception of harm is Derek Parfit’s suggestion, more recently defended by Neil Feit, that a plurality of events harms A if and only if that plurality is the smallest plurality of events such that, if none of them had occurred, A would have been better off. This analysis of ‘harm’ rests on a simple but natural mistake about the relevant counterfactual comparison. Pluralities fulfilling these conditions make no (...) difference to the worse for anyone in the over-determination cases that prompted the need for revising the comparative conception of harm to begin with. We may choose to call them harmful anyway, but then we must abandon the idea that making a difference to the worse for someone is essential to harming. I argue that we should hold on to the difference-making criterion and give up the plural harm principle. I offer an explanation of why Parfit’s and Feit’s plural harm approach seems attractive. Finally, I argue that the consequences of giving up the plural harm principle and holding on to the simple comparative counterfactual analysis of harm are less radical than we may think, in relation to questions about wrongness and responsibility. (shrink)

In this article, I aim at problematizing the implied idea of causality in cognitive evaluations of horizontal justice events. I will draw on theories about retrospective sensemaking and its cognitive foundation in counterfactual belief formation. Issues related to horizontal or intraunit unfairness emerge in situations in which the actions of one employee influence the outcome of another due to relational interdependence. The authors of theories about horizontal unfairness have continued the traditional distinction between the three facets of justice, procedural, distributive, (...) and interactional. However, might employee A blame employee B because she (B) obtained qualitative (e.g., non-monetary appraisal) or quantitative (e.g., monetary compensation) recognition even though the latter did not, directly at least, bring about the event. The problem here is one of causality which asks the question, Can A be blamed by B for bringing about the event of outcome difference? While blame in evaluations of vertical justice certainly presumes causal agency, it might be questioned whether the same goes for horizontal unfairness. Counterfactual belief formation enables a step into the cognitive and retrospective nature of evaluations of horizontal justice events centered on the counterfactual belief “had the unfavorable event X not occurred, another and more favorable event X1 would have occurred.” This is related to the distance between the actual X and the potential event state X), in the sense that the closer the two appear, the more convincing becomes A’s belief to himself. The underlying causality of rewarding processes, however, states that some third party introduces the recognition, for example, a manager, and, therefore, B did not bring about the reward event, the third party did. It seems, then, that to understand this, we should take into consideration: 1) the formation of counterfactual beliefs and 2) the causality of blame. The article concludes that, due to the underlying causality of rewarding processes, one might solely consider one facet of horizontal justice, interactional horizontal justice. However, tapping into the phenomenological dimension of morality might allow one also to address the moral nature of distributive and procedural facets of horizontal justice as the experience of the psychosocial fabric of social reality related with feeling either “as if” one is being treated unfairly or “as if” one is treating others unfairly. (shrink)

In discussions of moral responsibility for collectively produced effects, it is not uncommon to assume that we have to abandon the view that causal involvement is a necessary condition for individual co-responsibility. In general, considerations of cases where there is “a mismatch between the wrong a group commits and the apparent causal contributions for which we can hold individuals responsible” motivate this move. According to Brian Lawson, “solving this problem requires an approach that deemphasizes the importance of causal contributions”. Christopher (...) Kutz’s theory of complicitious accountability in Complicity from 2000 is probably the most well-known approach of that kind. Standard examples are supposed to illustrate mismatches of three different kinds: an agent may be morally co-responsible for an event to a high degree even if her causal contribution to that event is a) very small, b) imperceptible, or c) non-existent (in overdetermination cases). From such examples, Kutz and others conclude that principles of complicitious accountability cannot include a condition of causal involvement. In the present paper, I defend the causal involvement condition for co-responsibility. These are my lines of argument: First, overdetermination cases can be accommodated within a theory of coresponsibility without giving up the causality condition. Kutz and others oversimplify the relation between counterfactual dependence and causation, and they overlook the possibility that causal relations other than marginal contribution could be morally relevant. Second, harmful effects are sometimes overdetermined by non-collective sets of acts. Over-farming, or the greenhouse effect, might be cases of that kind. In such cases, there need not be any formal organization, any unifying intentions, or any other noncausal criterion of membership available. If we give up the causal condition for coresponsibility it will be impossible to delimit the morally relevant set of acts related to those harms. Since we sometimes find it fair to blame people for such harms, we must question the argument from overdetermination. Third, although problems about imperceptible effects or aggregation of very small effects are morally important, e.g. when we consider degrees of blameworthiness or epistemic limitations in reasoning about how to assign responsibility for specific harms, they are irrelevant to the issue of whether causal involvement is necessary for complicity. Fourth, the costs of rejecting the causality condition for complicity are high. Causation is an explicit and essential element in most doctrines of legal liability and it is central in common sense views of moral responsibility. Giving up this condition could have radical and unwanted consequences for legal security and predictability. However, it is not only for pragmatic reasons and because it is a default position that we should require stronger arguments (than conflicting intuitions about “mismatches”) before giving up the causality condition. An essential element in holding someone to account for an event is the assumption that her actions and intentions are part of the explanation of why that event occurred. If we give up that element, it is difficult to see which important function responsibility assignments could have. (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)

According to some scholars, while sets of greenhouse gases emissions generate harms deriving from climate change, which can be mitigated through collective actions, individual emissions and mitigation activities seem to be causally insufficient to cause harms. If so, single individuals are neither responsible for climate harms, nor they have mitigation duties. If this view were true, there would be collective responsibility for climate harms without individual responsibility and collective mitigation duties without individual duties: this is puzzling. This paper explores a (...) way to solve this puzzle. First, it will be argued that individual emissions, though not proper and full-fledged causes, causally contribute to raise the probability of climate harms. As a consequence, individuals are in fact responsible for their expected contributions to climate harms – this is contributive responsibility for likely outcomes. Second, it will be argued that people have responsibility also for the possible impacts of their individual emissions on climate harms. People can plausibly be regarded as individually responsible for the possible outcomes of their actions in close possible alternative worlds – this is robust responsibility. Non-causal individual responsibility for climate harms is plausible, and the puzzle may be solved. (shrink)

It is typically assumed that actions are events, but there is a growing consensus that negative actions, like omissions and refrainments, are not events, but absences thereof. If so, then we must either deny the obvious, that we can exercise our agency by omitting and refrainment, or give up on event-based theories of agency. I trace the consensus to the assumption that negative action sentences are negative-existentials, and argue that this is false. The best analysis of negative action sentences treats (...) them as quantifying over omissions and refrainments, conceived of as events. (shrink)

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan, Chiao, Walen ]. We then turn to some (...) influential theories that articulate a direct role for intentions [e.g., Duff, Husak ]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing. (shrink)

In this paper, I argue that sentences that contain ‘omission’ tokens that appear to function as singular terms are meaningful while maintaining the view that omissions are nothing at all or mere absences. I take omissions to be fictional entities and claim that the way in which sentences about fictional characters are true parallels the way in which sentences about omissions are true. I develop a pragmatic account of fictional reference and argue that my fictionalist account of omissions implies a (...) plausible account of the metaphysics of omissions. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly (...) causing a prohibited result that was not about to happen anyway while intending to do so. (shrink)

In this paper I discuss a recent exchange of articles between Hugh McLachlan and John Coggon on the relationship between omissions, causation, and moral responsibility. My aim is to contribute to their debate by isolating a presupposition I believe they both share and by questioning that presupposition. The presupposition is that, at any given moment, there are countless things that I am omitting to do. This leads both McLachlan and Coggon to give a distorted account of the relationship between causation (...) and moral or (as the case may be) legal responsibility and, in the case of Coggon, to claim that the law’s conception of causation is a fiction based on policy. Once it is seen that this presupposition is faulty, we can attain a more accurate view of the logical relationship between causation and moral responsibility in the case of omissions. This is important because it will enable us, in turn, to understand why the law continues to regard omissions as different, both logically and morally, from acts, and why the law seeks to track that logical and moral difference in the legal distinction it draws between withholding life-sustaining measures and euthanasia. (shrink)

How do people attribute responsibility in situations where the contributions of multiple agents combine to produce a joint outcome? The prevalence of over-determination in such cases makes this a difficult problem for counterfactual theories of causal responsibility. In this article, we explore a general framework for assigning responsibility in multiple agent contexts. We draw on the structural model account of actual causation (e.g., Halpern & Pearl, 2005) and its extension to responsibility judgments (Chockler & Halpern, 2004). We review the main (...) theoretical and empirical issues that arise from this literature and propose a novel model of intuitive judgments of responsibility. This model is a function of both pivotality (whether an agent made a difference to the outcome) and criticality (how important the agent is perceived to be for the outcome, before any actions are taken). The model explains empirical results from previous studies and is supported by a new experiment that manipulates both pivotality and criticality. We also discuss possible extensions of this model to deal with a broader range of causal situations. Overall, our approach emphasizes the close interrelations between causality, counterfactuals, and responsibility attributions. (shrink)

When the absence of an event causes some outcome, it is an instance of omissive causation. For instance, not eating lunch may cause you to be hungry. Recent psychological proposals concur that the mind represents causal relations, including omissive causal relations, through mental simulation, but they disagree on the form of that simulation. One theory states that people represent omissive causes as force vectors; another states that omissions are representations of contrasting counterfactual simulations; a third argues that people think about (...) omissions by representing sets of iconic possibilities – mental models – in a piecemeal fashion. In this paper, we tease apart the empirical predictions of the three theories and describe experiments that run counter to two of them. Experiments 1 and 2 show that reasoners can infer temporal relations from omissive causes – a pattern that contravenes the force theory. Experiment 3 asked participants to list the possibilities consistent with an omissive cause – it found that they tended to list particular privileged possibilities first, most often, and faster than alternative possibilities. The pattern is consistent with the model theory, but inconsistent with the contrast hypothesis. We marshal the evidence and explain why it helps to solve a long-standing debate about how the mind represents omissions. (shrink)

Are there ‘degrees of causation’? Yes and no: causation is not a scalar relation, but different causes can contribute to a causing of an effect to different extents. In this paper, I motivate a probabilistic analysis of an event’s degree of contribution to a causing of an effect and explore some of its consequences.

Uno de los temas centrales de la teoría penal contemporánea es la discusión a favor y en contra de la punición igualada de tentativas y delitos consumados. Este problema es comúnmente analizado desde la perspectiva de la suerte. La meta de los defensores de la punición igualada es erradicar a la suerte de los juicios de responsabilidad penal. Para hacerlo, antes deben diferenciar entre la suerte que afecta los resultados de las acciones y otras clases de suerte involucradas. Rivera López (...) trató de justificar tal límite en el campo de la moral, y si sus ideas pudieran trasladarse al reino del derecho penal podrían ser de gran ayuda para los partidarios de la punición igualada. Aquí trato de plantear algunas observaciones críticas a sus tesis y mostrar que, en última instancia, ellas no pueden dar apoyo a la postulación subjetivista. (shrink)

In this paper, I discuss Michael Moore’s and Jonathan Schaffer’s views on the ontology of omissions in context of their stances on the problem of omissive causation. First, I consider, from a general point of view, the question of the ontology of omissions, and how it relates to the problem of omissive causation. Then I describe Moore’s and Schaffer’s particular views on omissions and how they combine with their stances on the problem of omissive causation. I charge Moore and Schaffer (...) with inconsistencies and insufficiencies within their overall theories, and consider their replies. Finally, I propose my own view on the ontology of omissions and solution to the problem of omissive causation. (shrink)

A simple counterfactual theory of causation fails because of problems with cases of preemption. This might lead us to expect that preemption will raise problems for counterfactual theories of other concepts that have a causal dimension. Indeed, examples are easy to find. But there is one case where we do not find this. Several versions of causal decision theory are formulated using counterfactuals. This might lead us to expect that these theories will yield the wrong recommendations in cases of preemption. (...) But they do not. The explanation, I argue, is that the ‘cause’ that has been the target of counterfactual analyses is a specific relation, ‘actual causation’, that is not needed for prospective deliberation. A simple counterfactual theory of causation seems to capture the notion of cause needed for causal decision theory. This shows, in opposition to some critics, that counterfactual theories of causation are not barking up the wrong tree. (shrink)

Setting off from a familiar distinction in the philosophy of properties, this paper introduces a tripartite distinction between sparse causation, abundant causation and mere abundant causation. It is argued that the contrast between sparse and mere abundant causation allows us to resolve notorious philosophical issues having to do with negative causation, causation involving institutional properties and physical macro-causation in a way that is unified, intuitive and in line with scientific doctrines and practices.

Recent work in psychology and experimental philosophy has shown that judgments of actual causation are often influenced by consideration of defaults, typicality, and normality. A number of philosophers and computer scientists have also suggested that an appeal to such factors can help deal with problems facing existing accounts of actual causation. This article develops a flexible formal framework for incorporating defaults, typicality, and normality into an account of actual causation. The resulting account takes actual causation to be both graded and (...) comparative. We then show how our account would handle a number of standard cases. 1 Introduction2 Causal Models3 The HP Definition of Actual Causation4 The Problem of Isomorphism5 Defaults, Typicality, and Normality6 Extended Causal Models7 Examples7.1 Omissions7.2 Knobe effects7.3 Causes versus background conditions7.4 Bogus prevention7.5 Causal chains7.6 Legal doctrines of intervening causes7.7 Pre-emption and short circuits8 Conclusion. (shrink)

Adverbialist theories of thought such as those advanced by Hare and Sellars promise an ontologically sleek understanding of a variety of intentional states, but such theories have been largely abandoned due to the ‘many-property problem’. In an attempt to revitalize this otherwise attractive theory, in a series of papers as well as his recent book, Uriah Kriegel has offered a novel reply to the ‘many-property problem’ and on its basis he argues that ‘adverbialism about intentionality is alive and well’. If (...) true, Kriegel will have shown that the logical landscape has long been unnecessarily constrained. His key idea is that the many-property problem can be overcome by appreciating that mental states stand in the determinable–determinate relation to one another. The present paper shows that this relation can’t save adverbialism because it would require thinkers to think more thoughts than they need be thinking. (shrink)

How do people judge the degree of causal responsibility that an agent has for the outcomes of her actions? We show that a relatively unexplored factor -- the robustness of the causal chain linking the agent’s action and the outcome -- influences judgments of causal responsibility of the agent. In three experiments, we vary robustness by manipulating the number of background circumstances under which the action causes the effect, and find that causal responsibility judgments increase with robustness. In the first (...) experiment, the robustness manipulation also raises the probability of the effect given the action. Experiments 2 and 3 control for probability-raising, and show that robustness still affects judgments of causal responsibility. In particular, Experiment 3 introduces an Ellsberg type of scenario to manipulate robustness, while keeping the conditional probability and the skill deployed in the action fixed. Experiment 4, replicates the results of Experiment 3, while contrasting between judgments of causal strength and of causal responsibility. The results show that in all cases, the perceived degree of responsibility increases with the robustness of the action-outcome causal chain. (shrink)

Individuals are often causally inconsequential parts of highly consequential wholes. If each individual is causally inconsequential, and what she does makes no causal difference, we may be inclined to absolve each of causal responsibility for the consequences of what occurs as a result of the larger whole of which each is a part. But there is another form of responsibility – constitutive responsibility. Whatever the causal consequences may be, each individual constitutes part of that whole and each therefore bears responsibility (...) of at least that sort for the whole. (shrink)

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

This article presents a new argument for incorporating a distinction between default and deviant values into the formalism of causal models. The argument is based on considerations about how causal reasoners should represent disagreement over causes, and it is defended against an objection that has been raised against earlier arguments for defaults.

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 explores the prospects of employing a functional approach in order to improve our concept of actual causation. Claims of actual causation play an important role for a variety of purposes. In particular, they are relevant for identifying suitable targets for intervention, and they are relevant for our practices of ascribing responsibility. I argue that this gives rise to the challenge of purpose. The challenge of purpose arises when different goals demand adjustments of the concept that pull in opposing (...) directions. More specifically, I argue that a common distinction between certain kinds of preempted and preempting factors is difficult to motivate from an interventionist viewpoint. This indicates that an appropriately revised concept of actual causation would not distinguish between these two kinds of factors. From the viewpoint of retributivist responsibility, however, the distinction between preempted and preempting factors sometimes is important, which indicates that the distinction should be retained. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)

Some of the most invidious injustices are seemingly the results of impersonal workings of rigged social structures. Who bears responsibility for the injustices perpetrated through them? Iris Marion...

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

Traditionally one main emphasis of the quantum mechanical measurement theory is on the question how the pure state of the compound system 'measured system + measuring apparatus' is transformed into the 'mixture' of all possible results of that measurement, weighted with their probability: the so-called “disappearance of the interference terms”. It is argued in this note that in reality there is no such transformation, so that there is no need to account for such a transformation theoretically. _German_ Gewöhnlich liegt ein (...) Hauptgewicht der quantenmechanischen Messtheorie auf der Frage des Übergangs vom,reinen Fall' des Gesamtsystems,gemessenes System + Messgerät' in das,Gemenge' aus allen möglichen Messergebnissen, gewichtet mit ihren Wahrscheinlichkeiten: Das sog.,,Verschwinden der Interferenzterme“. In dieser Notiz wird die Meinung vertreten, dass es einen solchen Übergang faktisch nicht gibt, so dass es nicht notwendig ist, eine theoretische Erklärung für den Übergang zu geben. (shrink)