Online research in philosophy

For at least three decades, philosophers have argued that general causation and causal explanation are contrastive in nature. When we seek a causal explanation of some particular event, we are usually interested in knowing why that event happened rather than some other specified event. And general causal claims, which state that certain event types cause certain other event types, seem to make sense only if appropriate contrasts to the types of events acting as cause and effect are specified. In recent years, philosophers have extended the contrastive theory of causation to encompass singular causation as well. In this article, I argue that this extension of the theory was a mistake. Although general causation and causal explanation may well be contrastive in nature, singular causation is not.

Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.

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.

Causation, according to David Hume, is one of the three fundamental conceptual relations (along with resemblance and contiguity), and is the foundation of all reasoning concerning matters of fact. Causation, according to various contemporary philosophers, is required for the analysis of metaphysical concepts such as persistence, scientific concepts such as explanation and disposition, epistemic concepts such as perception and warrant, ethical concepts such as action and responsibility, legal concepts such as homicide and negligence, mental concepts such as functional role and conceptual content, and linguistic concepts such as reference, to name just a salient few. Yet the nature of the causal relation itself remains mysterious.

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.

Reasoning about causation in fact is an essential element of attributing legal responsibility. Therefore, the automation of the attribution of legal responsibility requires a modelling effort aimed at the following: a thorough understanding of the relation between the legal concepts of responsibility and of causation in fact; a thorough understanding of the relation between causation in fact and the common sense concept of causation; and, finally, the specification of an ontology of the concepts that are minimally required for (automatic) common sense reasoning about causation. This article offers a worked-out example of the indicated analysis. Such example consists of: a definition of the legal concept of responsibility (in terms of liability and accountability); a definition of the legal concept of causation in fact (in terms of the initiation of physical processes by an agent and of the provision of reasons and/or opportunities to other agents); CausatiOnt, an AI-like ontology of the common sense (causal) concepts that are minimally needed for reasoning about the legal concept of causation in fact (in particular, the concepts of category, dimension, object, agent, process, event and act).

Deciding matters of legal liability, in torts and other civil actions, requires deciding causation. The injury suffered by a plaintiff must be caused by an event or condition due to the defendant. The courts distinguish between cause-in-fact and proximate causation, where cause-in-fact is determined by the “but-for” test: the effect would not have happened, “but for” the cause.1 Proximate causation is a set of legal limitations on cause-in-fact.

This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices.

Humean accounts of law are at the same time accounts of causation. Accordingly, since laws are nothing but contingent cosmic regularities, to be a cause is just to be an instance of such a law. Every particular cause-effect pair, according to these accounts, instantiates some law of nature. I argue that this claim is false. Singular causation without being governed by any law is logically and physically possible. Separating causes from laws enables us to see the distinct role each plays in science, especially in matters related to prediction and explanation.

Causation is important. It is, as Hume said, the cement of the universe, and lies at the heart of our conceptual structure. Causation is one of the most fundamental tools we have for organizing our apprehension of the external world and ourselves. But philosophers' disagreement about the correct interpretation of causation is as limitless as their agreement about its importance. The history of attempts to elucidate the nature of this concept and to situate it with respect to other fundamental concepts is almost as long as the history of philosophy itself. In this first English translation of Causalite; et lois de la nature Max Kistler seeks to reconstruct a unified concept of causation that is general enough to adequately deal with both elementary physical processes and the macroscopic level of phenomena we encounter in everyday life. It will be of great interest to philosophers of science and metaphysics; and also to students and scholars of philosophy of mind where concepts of causation and law play a prominent role.