Contrastive Causation in the Law
Legal Theory (forthcoming)
| Abstract | According to Hume (2007: 145), our concepts of causation, resemblance, and contiguity are the foundation of all of our reasoning concerning matters of fact, and “to us the cement of the universe”. As Carroll (1994: 118) puts the point: “With regard to our total conceptual apparatus, causation is at the center of the center”. Causation is certainly central to the law. Many liability doctrines in both criminal law and torts explicitly require that the defendant has caused harm to the plaintiff (c.f. Moore 2009: 3). Thus—given that the law uses “cause” in the ordinary sense, and not its own stipulatively defined sense—our concepts of causation and of legal liability can illuminate each other | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,631 |
| External links |
|
| Through your library | Configure |
Gurol Irzik (1990). Singular Causation and Law. PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1990:537 - 543.
Asbjørn Steglich-Petersen (2012). Against the Contrastive Account of Singular Causation. British Journal for the Philosophy of Science 63 (1):115-143.
Jonathan Schaffer (2005). Contrastive Causation. Philosophical Review 114 (3):327-358.
Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).
Jonathan Schaffer (2001). Causes as Probability Raisers of Processes. Journal of Philosophy 98 (2):75-92.
Michael S. Moore (2009). Causation and Responsibility: An Essay in Law, Morals, and Metaphysics. OUP Oxford.
Jonathan Schaffer (2012). Disconnection and Responsibility. Legal Theory 18 (Special Issue 04):399-435.
Jos Lehmann, Joost Breuker & Bob Brouwer (2004). Causation in AI and Law. Artificial Intelligence and Law 12 (4):279-315.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15:173-191.
Monthly downloads |
Added to index2010-03-09Total downloads110 ( #5,003 of 548,973 )Recent downloads (6 months)9 ( #7,649 of 548,973 )How can I increase my downloads? |

