Philosophy 3820F/G Lecture Notes - Lecture 4: Methamphetamine, Occultation, Mens Rea
26 Jun 2018
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Omega Inconsistency
Example
If you cannot prove that a something has a property then how does it
exist (duties, numbers, etc.)
The duty not to contribute to the imposition
A duty not to contribute
Seen in private accident law, tort law one person sues another
The biggest area in law is negligence (carelessness)
Must be proved that you’ve been harmed some way
There is a general standards that everyone always has a duty to
behave as a reasonable person in the world (duty of care)
In criminal law they have to prove mens rea
Judith Jarvis Thompson
To harm someone is to severely diminish their capacities for action
Who do you owe a duty to?
You might have a duty of care to anyone who might reasonably
supposed to be affected by your actions
The problem of causation
Is an unsolved problem (metaphysics)
A technical issue
Is a relationship between events, assume human actions are events
Counterfactual theory of causation David Lewis
1. C occurred
2. E occulted
3. C occurred before E
4. If C hadn’t occurred then E would not have occurred
Causation 2
1. C occurred
2. E occulted
3. C occurred before E
4. C increased the probability of E’s happening
We know that the risk is increased when an effect happens, for example if
a drug may cause heart attack, it might not happen but makes it more
likely
If you do not have a capacity to make a difference then you do not have a
duty
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