In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

Cartwright attempts to argue from an analysis of the composition of forces, and more generally the composition of laws, to the conclusion that laws must be regarded as false. A response to Cartwright is developed which contends that properly understood composition poses no threat to the truth of laws, even though agreeing with Cartwright that laws do not satisfy the "facticity" requirement. My analysis draws especially on the work of Creary, Bhaskar, Mill, and points towards a general rejection of Cartwright's (...) view that laws, especially fundamental laws, should be seen as false. (shrink)

The problem of the time of a killing is often cited as providing grounds for rejecting the action identification thesis favoured by Anscombe and Davidson. In this paper I make three claims. First, I claim that this problem is a threat to the action identification thesis because of two assumptions the thesis makes: since the thesis takes actions to be a kind of doings, it has to assume that agents’ doings last as long as their actions and vice versa. Second, (...) I claim that not making both of these assumptions necessarily leads to another problem, the problem of the acting dead. This means that any theory of action has to choose its poison and face either one of these unresolved problems. Third, I claim that the solution to the problem of the time of a killing can be found by heeding linguistic arguments that ‘kill’ cannot mean ‘cause to die,’ as is commonly assumed, but instead has to have a more complex meaning. I discuss an alternative, more complex proposal and show how it allows us to keep the action identification thesis, fits colloquial usage of ‘kill’ and deals with the problem of the time of a killing. (shrink)

Branching theories are popular frameworks for modeling objective indeterminism in the form of a future of open possibilities. In such theories, the notion of a history plays a crucial role: it is both a basic ingredient in the axiomatic definition of the framework, and it is used as a parameter of truth in semantics for languages with a future tense. Furthermore, histories—complete possible courses of events—ground the notion of modal consistency: a set of events is modally consistent iff there is (...) a history containing that set. We will explain these roles of histories and highlight some critical aspects having to do with the fact that histories are global and, in a relevant sense, “big” objects. The notion of modal consistency, on the other hand, has both local and global aspects. We ask in how far a local notion of modal consistency can serve as an alternative to the common uses of histories, and work out two recent approaches to alternatives to histories. Combining these approaches, we develop a novel semantics for branching time. (shrink)

This article reviews some recent empirical work on lay judgments about what agents do intentionally and what they intend in various stories and explores its bearing on the philosophical project of providing a conceptual analysis of intentional action. The article is a case study of the potential bearing of empirical studies of a variety of folk concepts on philosophical efforts to analyze those concepts and vice versa. Topics examined include double effect; the influence of moral considerations on judgments about what (...) is done intentionally and about what is intended; the influence of considerations of luck, skill, and causal deviance on judgments about what agents do intentionally; what interesting properties all cases of intentional action might share; and the debate between proponents of, respectively, "the Simple View" of the connection between intentional action and intention and "the Single Phenomenon View" of that connection. A substantial body of literature is devoted to the project of analyzing intentional action [1] . In this article, I explore the bearing on that project of some recent empirical work on lay judgments about what is done intentionally and about what is intended. This article may reasonably be regarded as a case study of the potential bearing of empirical studies of a range of folk concepts on philosophical efforts to analyze those concepts and, likewise, of the potential bearing of attempted philosophical analyses of folk concepts on empirical studies of those concepts. (shrink)

This article’s aim is to shed light on direct control, especially as it pertains to free will. I sketch two ways of conceiving of such control. Both sketches extend to decision making. Issues addressed include the problem of present luck and the relationship between direct control and complete control.

La philosophie analytique de l'action se réclame du langage ordinaire de l'action comme une des sources de ses data philosophiques. Elle se propose d'en examiner le fonctionnement, d'en extraire les concepts clés, de caractériser les formes de propositions dans lesquelles s'expriment nos actions et notre façon spontanée de les comprendre, d'examiner l'articulation propre aux stratégies d'action et au discours qui les justifie, et de faire des « proposals » pour la construction d'une théorie de l'action. En somme, il s'agit d'ériger (...) le langage ordinaire en instance de contrôle aussi bien sur le plan du traitement de problèmes philosophiques que sur celui de la construction de méta-théories des sciences de l'homme. Ce travail sur le langage de l'action peut revêtir plusieurs fonctions: fonction de clarification ou de détection de confusions, fonction thérapeutique pour guérir le langage de maladies philosophiques, c'est-à-dire des pseudo-problèmes, fonction heuristique pour prescrire une diète appropriée au traitement des perplexités philosophiques qui surgissent « quand le langage tourne à vide, non quand il travaille », pour employer le mot de Wittgenstein. (shrink)

Did Donald Davidson agree with G.E.M. Anscombe that action requires a distinctive form of agential awareness? The answer is No, at least according to the standard interpretation of Davidson’s account of action. A careful study of Davidson’s early writings, however, reveals a much more subtle conception of the role of agential belief in action. While the role of the general belief in Davidson’s theory is familiar and has been much discussed, virtually no attention has been paid to the singular belief. (...) This essay makes a start on remedying this neglect. I begin, in section 1, by examining Davidson’s claim that for a desire or belief to rationalize and cause an action it must have a suitable generality. It must, he says, be ‘logically independent’ of the action itself. While he was clear about this requirement in the case of the desire that forms part of a person’s primary reason, I show in section 2 that his early treatment of belief confuses general and singular beliefs. This confusion reflects his failure clearly to distinguish the two roles belief can play in his account of action: as rationalizing cause and as agential awareness. Somewhat surprisingly, though, after he carefully drew the distinction and announced that intentional action requires practical knowledge, he pretty much ignored it. This may explain why some have assumed that Davidson parted ways with Anscombe on this. But a careful study of their writings shows that in fact they held remarkably similar views on the nature and need for practical knowledge. (shrink)

The paper offers a critical examination of Jennifer Hornsby's view that actions are internal to the body. It focuses on three of Hornsby's central claims: (P) many actions are bodily movements (in a special sense of the word “movement”) (Q) all actions are tryings; and (R) all actions occur inside the body. It is argued, contra Hornsby, that we may accept (P) and (Q) without accepting also the implausible (R). Two arguments are first offered in favour of the thesis (Contrary-R): (...) that no actions occur inside the body. Three of Hornsby's arguments in favour of R are then examined. It is argued that we need to make a distinction between the causes and the causings of bodily movements (in the ordinary sense of the word “movement”) and that actions ought to be identified with the latter rather than the former. This distinction is then used to show how Hornsby's arguments for (R) may be resisted. (shrink)

Causal theories of action are attempts to develop an account of actions in terms of events which have the right kind of causal ancestry. The causal ancestry must be traced back to some kind of intentional state in the agent, such intentional state must have the right kind of content, and it must cause the bodily movement in the ‘right’ way. Causal accounts differ on the nature of the intentional state, the nature of the content it must have, and the (...) specification of the ‘right’ kind of causal connection to bodily movements or other effects. Causal accounts also differ on the identification of the action itself. Some acounts say that the action is the bodily movement, provided that it was caused in the right way and had the right kind of effects. Others identify the action with the triggering intentional state, provided that it has the right kind of effects. Yet others identify the action with the composite event of the intentional state's causing the appropriate effects. Finally there are those which fail to identify the action with any of these events or combinations of them. (shrink)

In this paper, the ontological, terminological, epistemological, and ethical aspects of omission are considered in a coherent and balanced framework, based on the idea that there are omissions which are actions and omissions which are non-actions. In particular, we suggest that the approach to causation which best deals with omission is Mackie's INUS conditional proposal. We argue that omissions are determined partly by the ontological conditional structure of reality, and partly by the interests, beliefs, and values of observers. The final (...) upshot is that moral judgments involved in cases of omissions cannot be grounded on, but are the ground for judgments about what INUS conditions count as omissions. (shrink)

Popper’s introduction of ‘‘propensity’’ was intended to provide a solid conceptual foundation for objective single-case probabilities. By considering the partly opposed contributions of Humphreys and Miller and Salmon, it is argued that when properly understood, propensities can in fact be understood as objective single-case causal probabilities of transitions between concrete events. The chief claim is that propensities are well-explicated by describing how they fit into the existing formal theory of branching space-times, which is simultaneously indeterministic and causal. Several problematic examples, (...) some commonsense and some quantum-mechanical, are used to make clear the advantages of invoking branching space-times theory in coming to understand propensities. (shrink)

What are actions? And how are actions to be explained? These two central questions of the philosophy of action call, respectively, for a theory of the nature of action and a theory of the explanation of actions. Many ordinary explanations of actions are offered in terms of such mental states as beliefs, desires, and intentions, and some also appeal to traits of character and emotions. Traditionally, philosophers have used and refined this vocabulary in producing theories of the explanation of intentional (...) actions. An underlying presupposition is that common-sense explanations expressed in these terms have proved very useful. People understand their own and others' actions well enough to coordinate and sustain complicated, cooperative activities integral to normal human life, and that understanding is expressed largely in a common-sense psychological vocabulary. This article focuses on these issues. (shrink)

The problem of act individuation is a debate about the identity conditions of human acts. The fundamental question about act individuation is: how do we distinguish between actions? Three views of act individuation have dominated the literature. First, Donald Davidson and G.E.M. Anscombe have argued that a number of different descriptions refer to a single act. Second, Alvin Goldman and Jaegwon Kim have argued that each description designates a distinct act. Finally, Irving Thalberg and Judith Jarvis Thomson have averred that (...) some acts are sequences of causally related events, which include both a primitive bodily action and some of its effects. All of these accounts have assumed that a simple invariantist account of act individuation captures how ordinary people distinguish between acts. For my dissertation, I devised an experiment to test the action theorists' assumptions. My data show that people's intuitions seem to depend on the valence of the consequences of the action under consideration. So, an invariantist account is not possible. In light of the empirical results, I argue that if we seek a folk account of act individuation, then that account should be able to explain the variability that seems to be present in people's intuitions about different cases. (shrink)

“Branching space-times” is intended as a representation of objective, event-based indeterminism. As such, BST exhibits both a spatio-temporal aspect and an indeterministic “modal” aspect of alternative possible historical courses of events. An essential feature of BST is that it can also represent spatial or space-like relationships as part of its relativistic theory of spatio-temporal relations; this ability is essential for the representation of local indeterminism. This essay indicates how BST might be seen to grow out of Newton ’s deterministic and (...) non-relativistic theory by two independent moves: Taking account of indeterminism, and attending to spatio-temporal relationships in a spirit derived from Einstein’s theory of special relativity. Since and are independent, one can see that there is room for four theories: Newtonian determinism, branching time indeterminism, relativistic determinism, and branching space-times indeterminism. (shrink)

Many issues at the heart of the philosophy of action and of philosophical work on free will are framed partly in terms of causation. The leading approach to understanding both the nature of action and the explanation or production of actions emphasizes causation. What may be termed standardcausalism is the conjunction of the following two theses: firstly, an event's being an action depends on how it was caused; and secondly, proper explanations of actions are causal explanations. Important questions debated in (...) the literature on free will include: is an action's being deterministically caused incompatible with its being freely performed? Are actions free only if they are indeterministically caused? Does the indeterministic causation of an action preclude its being freely performed? Does free action require agent causation? This article concentrates on issues about action and free will that centrally involve causation. (shrink)

There are intentional actions and unintentional actions. Do we ever perform actions that are neither intentional nor unintentional? Some philosophers have answered "yes" (Mele 1992; Mele and Moser 1994; Mele and Sverdlik 1996; Lowe 1978; Wasserman, forthcoming). That is, they have claimed that there is a middle ground between intentional and unintentional human actions.1 Motivation for this claim is generated by attention to a variety of issues, including two that are of special interest to experimental philosophers of action: the status (...) of side-effect actions, and the status of actions that are instances of luckily succeeding in doing something one is trying to do. This article explores the idea that there is a middle ground between intentional and unintentional human actions, paying special attention to the two issues just identified. The exploration is partly theoretical and partly empirical. Section 2 reports the results of two new studies designed to yield evidence about whether and to what extent nonspecialists recognize this middle ground. (shrink)

Intention, intentional action, and the connections between them are central topics of the philosophy of action, a branch of the philosophy of mind. One who regards the subject matter of the philosophy of mind as having at its core some aspect of what lies between environmental input to beings with minds and behavioural output may be inclined to see the philosophy of action as concerned only with the output end of things. That would be a mistake. Many intentional actions depend (...) for their development on the processing of input — both from the environment and from the body. (shrink)