Hmm, almost all very reasonable and difficult points.
If you don't want to call is causal it still seems like you'd need to explain the counterfactual. How does B fail to occur without A, and when A occurs, B follows from it through a chain of consequences, but A cannot be said to cause B? — Count Timothy von Icarus
Understand. I guess, as an empirical consideration, sure, that may not have happened otherwise - but there's no reason why it
couldn't. Perhaps that doesn't do anything for you - for me, its a fairly stark difference between a truly proximate cause and something which
contributed to the event in question. I may be triffling here but I always find it hard to conclude a cause without some very clear, fairly exclusive, reason for the act being caused by whatever is in question. Here, I don't see it.
The question would be, when do we hit the sui generis "cause-like-but-not-cause" phenomena and why is it different? — Count Timothy von Icarus
Im unsure your description is all that accurate. The act itself arises from the mentation of the subject, not the causal train of physically receiving whatever information we're talking about. The empirical causal relationship between lets say utterance in A and thought B cannot be rightly extended to the act, imo. Im unsure i need to answer the question above here.
Even if you want to allow for some form of libertarian free will, it seems like it simply cannot be the case that other people's words or other communicative acts never "put things in mind," or motivate action. — Count Timothy von Icarus
I agree. But motivation is not a cause on my account. Its an invitation or inspiration. I don't think anyone would claim that Kant's CPR was
caused by Hume. I distinguish between something being 'put in mind' and an act being 'caused'. It seems you're not? Sorry if i've got that wrong - if i've not got it wrong, it would explain some of the daylight here.
A better example might be promissory estoppel. If its reasonable that someone(B) acted in good faith pursuant to a purported commitment from (A) which was then either ignored or disregarded entirely, it's held that if the commitment
caused B to do something (think: promise to buy/sell property where B takes that as commitment and sells their property in order to buy A's property). Here, a law takes your definition of 'cause' wholesale, so I must concede my use of law to defend my point was at best inconsistently applied. That said, I do think there's a significant difference between an 'act' in general and an 'act'
as against another person.
More to the point, even if words don't "cause" acts, it seems like their relationship to acts still has to fulfill pretty much all the characteristics of naive conceptions of cause — Count Timothy von Icarus
it seems like their relationship to acts still has to fulfill pretty much all the characteristics of naive conceptions of cause — Count Timothy von Icarus
With this I would agree, and just rest on my emphasis within the above. I think the idea that a fully indirect act, from which there is no connection to the act save for the subject's interpretation, is a proximate cause, is just plainly wrong. No one can reasonably claim that GTA
causes similar types of crime as shown in the game, despite someone claiming it did. You'd say no, you're culpable by the fact of your actually having carried out a guilty act. The game has nothing to do, per se, with that act.
Yes. My understanding of both how those laws are written (cross-jurisdictionally) and the case law around them is that it is purely the
intent (which matters later) that the person is being charged
for. It is not the act of murder. It is the setting-in-motion a chain of events. It does not mitigate the actor's guilt. I am not all that up on US law though, so if you can provide a caase where someone is plainly convicted of 1st Degree Murder, but hte actor isn't, Id be happy to retract all this. I just can't see that ever happening. They both have the mens rea but their actus reus differ. If i'm wrong, i'm wrong.
Important, but a truly held belief that what you did
wouldn't cause the consequence in question is a defense to almost any charge. Including rape, which is pertinent here as its an act against another for whom your mindstate has zero mitigating effect. But, if you can successfully argue that you
thought there was consent, you're good to go basically.
Likewise, someone who tricks someone into poisoning someone else by telling them cyanide is medicine, etc. is responsible for the murder — Count Timothy von Icarus
I believe this is inducement, by deception, and not 'murder', which is the act of killing someone unlawfully. Again, I could be wrong as i'm not across US law fully. Which speaks to what Im saying - it didn't cause the death, it induced someone to cause the death.
It can't be just intent. If this was the case, some random basement dwelling Chud posting on the Internet about the need to "exterminate the Jews," would be as guilty of "genocide" as top Nazi officials. — Count Timothy von Icarus
This is entirely wrong to me. At what point has some internet Chud had any part in a Holocaust? If you can point to one, we will have a discussion about the two cases. Otherwise, this isn't relevant. Internet Chuds get fined and arrested for their intentions regularly (at least in places with Digital communication regulations). Their intent, and not their act, is an actus reus of its own. Going further to the act would be another actus reus for a different charge. If they knew they had some real-world minions carrying it out, they would be. Osama bin Laden is in this camp., but he was cave-dwelling. You seem to note this, but don't note its consequences for the position..
lacks the capability to adequately think through the consequences of actions "put into their mind," by the father. — Count Timothy von Icarus
Agreed, but there's a significant difference between adults and children when it comes to culpability, either morally (on almost anyone's account) or legally. Im unsure what this is doing for either side of the discussion. I think a better example would be one between two adults - the second adult is not somehow less culpable because they were told to shoot. That just isn't a move available to them unless they are mentally impaired - which is equivalent, by degree, to being a minor in the law's eye.
Even the harshest hate crime law advocates do not say we should hang people for urging genocide, and yet even people who don't want any hate crime laws see hanging Nazi officials who oversaw the Holocaust as completely justified. — Count Timothy von Icarus
Disagree with the former and the latter just seems to be a emotional position on either party's part. The holocaust was a genocide, so I think they're confused to distinguish too strictly. The Holocaust isn't sufficiently different from genocide as either a definition, or an historical concept, to be held apart imo. Just an extreme example of.
Social context matters. — Count Timothy von Icarus
I agree here, but it would have us speaking on an entirely case-by-case basis which I don't think either of positions can result in.
in the intended fall out. Not the actual fall out. If you yell Fire in a crowded theater, but are mistaken, you are not culpable since you believed there was a fire. The resulting fracas and potentially injuries are not on your head, if you truly believed there was a fire.