The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner
The Role of Counterfactual Dependence as an Independent, Non-causal Desert-determiner
This chapter defends counterfactual dependency as a desert determiner, independent of causation. Lawyers have not been wrong in looking for such dependency as the touchstone for liability for omissions, preventions, double preventions, and cases of de minimus causal contribution. They have only been mistaken in lumping such dependencies in as a kind of causation. The thesis of the chapter is that in such cases counterfactual dependency determines moral responsibility and legal liability quite independently of causation.
Keywords: desert-determiners, counterfactual dependency, omissions, preventions, double preventions
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