Can One Deny Both Causation by Omission and Causal Pluralism? The Case of Legal Causation

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Abstract

In this paper, I argue that one cannot coherently deny both causation by omission and causal pluralism. At least one of them has to be accepted. My argument stems from a discussion of the usage of causation by omission in the law. In various legal fields, lawyers commonly regard omissions as causes. I show that these cases of causation by omission have to be captured by the concept of causation because the action/omission distinction is much more fragile than is currently conceived. I distinguish between two types of omission, qualitative and quantitative: whilst the literature focuses on the first, I show why the second creates more serious problems, especially for those who seek to deny causation by omission. I then show why dismissing legal causation as a mistaken usage of the concept of causation requires an acceptance of causal pluralism. (edited)
Original languageEnglish
Title of host publicationCausality and Probability in The Sciences
EditorsFerderica Russo, Jon Williamson
PublisherCollege Publications
StatePublished - 1 Jan 2007

Publication series

NameTexts in Philosophy
Volume5

Keywords

  • CAUSATION
  • LEGAL
  • OMISSION
  • PLURALISM

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