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A causalidade alternativa e a responsabilidade civil dos múltiplos ofensores; Alternative causation and the liability of the multiple tortfeasors

Moraes, Renato Duarte Franco de
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 06/06/2014 PT
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37.34%
A presente dissertação trata de situações nas quais o prejuízo decorre de conduta praticada por parcela de indivíduos integrantes de agrupamento, sem que seja possível identificá-los. No âmbito do nexo causal, essa hipótese se traduz no conceito de causalidade alternativa, e a maior controvérsia relacionada ao tema é definir se, e em quais circunstâncias, há responsabilidade solidária de todos os integrantes do agrupamento. Para analisar essas questões, o presente trabalho apresenta capítulo introdutório, cujo foco recai sobre as diversas doutrinas desenvolvidas a respeito da causalidade. O espoco desse exame é analisar como essas teorias descrevem o fenômeno entre causa e efeito e, ainda, como os doutrinadores e a jurisprudência lidam com elas ao se defrontar com situações envolvendo diversas causas potenciais relacionadas a determinado evento. Tendo a parte introdutória como base, a dissertação analisa especificamente a causalidade alternativa sob perspectiva histórica, tecendo considerações sobre o desenvolvimento do conceito ao longo do tempo. A dissertação ingressa, então, na análise da causalidade alternativa em diversas jurisdições. O propósito dessa parte do trabalho é examinar as diferentes perspectivas adotadas por doutrinadores e cortes estrangeiras em relação a cenários envolvendo danos cometidos por grupos de diversos indivíduos...

Associations, causation and model in psychiatry

Caetano,Dorgival; Cahill,Judith; Guimarães,Liliana Andolpho Magalhães
Fonte: Instituto de Psiquiatria da Universidade Federal do Rio de Janeiro Publicador: Instituto de Psiquiatria da Universidade Federal do Rio de Janeiro
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2009 EN
Relevância na Pesquisa
36.87%
This paper discusses models, associations and causation in psychiatry. The different types of association (linear, positive, negative, exponential, partial, U shaped relationship, hidden and spurious) between variables involved in mental disorders are presented as well as the use of multiple regression analysis to disentangle interrelatedness amongst multiple variables. A useful model should have internal consistency, external validity and predictive power; be dynamic in order to accommodate new sound knowledge; and should fit facts rather than they other way around. It is argued that whilst models are theoretical constructs they also convey a style of reasoning and can change clinical practice. Cause and effect are complex phenomena in that the same cause can yield different effects. Conversely, the same effect can have a different range of causes. In mental disorders and human behaviour there is always a chain of events initiated by the indirect and remote cause; followed by intermediate causes; and finally the direct and more immediate cause. Causes of mental disorders are grouped as those: (i) which are necessary and sufficient; (ii) which are necessary but not sufficient; and (iii) which are neither necessary nor sufficient, but when present increase the risk for mental disorders.

Alerta Empreendedor e as abordagens causation e effectuation sobre empreendedorismo

Faia,Valter da Silva; Rosa,Marco Aurélio Garcia; Machado,Hilka Pelizza Vier
Fonte: Associação Nacional dos Programas de Pós-graduação em Administração Publicador: Associação Nacional dos Programas de Pós-graduação em Administração
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/04/2014 PT
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Segundo Gartner (1985), entender as dimensões e as variáveis acerca do empreendedorismo e como essas se relacionam contribui para a compreensão do fenômeno de criação de novos empreendimentos. O alerta empreendedor (Kirzner, 1997) explica como oportunidades de negócios são identificadas, e contribui para a criação de novas empresas. Este trabalho objetivou relacionar o grau de alerta empreendedor com as abordagens empreendedoras causation, embasada no planejamento e na análise, e effectuation, referente à exploração de oportunidades emergentes de forma não preditiva, ambas apresentadas por Sarasvathy (2001). Como objetivo específico, pretendeu validar a escala de alerta empreendedor desenvolvida por Tang, Kacmar e Busenitz (2012), e as escalas das abordagens mencionadas anteriormente e desenvolvidas por Chandler, Detienne, Mckelvie e Mumford (2011). A pesquisa foi realizada junto a uma amostra de 123 empresários de diversos setores, participantes de associações comerciais. As escalas foram validadas em termos de confiabilidade e multidimensionalidade. Ademais, os resultados demonstram uma relação positiva entre alerta empreendedor e as abordagens empreendedoras, especialmente para a abordagem causation. Identificou-se também uma relação não linear quadrática entre o nível de alerta e a abordagem causation...

Causation in epidemiology

Parascandola, M; Weed, D
Fonte: BMJ Group Publicador: BMJ Group
Tipo: Artigo de Revista Científica
Publicado em /12/2001 EN
Relevância na Pesquisa
27.27%
Causation is an essential concept in epidemiology, yet there is no single, clearly articulated definition for the discipline. From a systematic review of the literature, five categories can be delineated: production, necessary and sufficient, sufficient-component, counterfactual, and probabilistic. Strengths and weaknesses of these categories are examined in terms of proposed characteristics of a useful scientific definition of causation: it must be specific enough to distinguish causation from mere correlation, but not so narrow as to eliminate apparent causal phenomena from consideration. Two categories—production and counterfactual—are present in any definition of causation but are not themselves sufficient as definitions. The necessary and sufficient cause definition assumes that all causes are deterministic. The sufficient-component cause definition attempts to explain probabilistic phenomena via unknown component causes. Thus, on both of these views, heavy smoking can be cited as a cause of lung cancer only when the existence of unknown deterministic variables is assumed. The probabilistic definition, however, avoids these assumptions and appears to best fit the characteristics of a useful definition of causation. It is also concluded that the probabilistic definition is consistent with scientific and public health goals of epidemiology. In debates in the literature over these goals...

Top-down causation and emergence: some comments on mechanisms

Ellis, George F. R.
Fonte: The Royal Society Publicador: The Royal Society
Tipo: Artigo de Revista Científica
EN
Relevância na Pesquisa
27.31%
Both bottom-up and top-down causation occur in the hierarchy of structure and causation. A key feature is multiple realizability of higher level functions, and consequent existence of equivalence classes of lower level variables that correspond to the same higher level state. Five essentially different classes of top-down influence can be identified, and their existence demonstrated by many real-world examples. They are: algorithmic top-down causation; top-down causation via non-adaptive information control, top-down causation via adaptive selection, top-down causation via adaptive information control and intelligent top-down causation (the effect of the human mind on the physical world). Through the mind, abstract entities such as mathematical structures have causal power. The causal slack enabling top-down action to take place lies in the structuring of the system so as to attain higher level functions; in the way the nature of lower level elements is changed by context, and in micro-indeterminism combined with adaptive selection. Understanding top-down causation can have important effects on society. Two cases will be mentioned: medical/healthcare issues, and education—in particular, teaching reading and writing. In both cases...

Structural Equations and Causation

Hall, Ned
Fonte: Springer Verlag Publicador: Springer Verlag
EN_US
Relevância na Pesquisa
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Structural equations have become increasingly popular in recent years as tools for understanding causation. But standard structural equations approaches to causation face deep problems. The most philosophically interesting of these consists in their failure to incorporate a distinction between default states of an object or system, and deviations therefrom. Exploring this problem, and how to fix it, helps to illuminate the central role this distinction plays in our causal thinking.; Philosophy

New Levels of Language Processing Complexity and Organization Revealed by Granger Causation

Gow, David Whitcomb; Caplan, David Norman
Fonte: Frontiers Media S.A. Publicador: Frontiers Media S.A.
Tipo: Artigo de Revista Científica
EN_US
Relevância na Pesquisa
36.87%
Granger causation analysis of high spatiotemporal resolution reconstructions of brain activation offers a new window on the dynamic interactions between brain areas that support language processing. Premised on the observation that causes both precede and uniquely predict their effects, this approach provides an intuitive, model-free means of identifying directed causal interactions in the brain. It requires the analysis of all non-redundant potentially interacting signals, and has shown that even “early” processes such as speech perception involve interactions of many areas in a strikingly large network that extends well beyond traditional left hemisphere perisylvian cortex that play out over hundreds of milliseconds. In this paper we describe this technique and review several general findings that reframe the way we think about language processing and brain function in general. These include the extent and complexity of language processing networks, the central role of interactive processing dynamics, the role of processing hubs where the input from many distinct brain regions are integrated, and the degree to which task requirements and stimulus properties influence processing dynamics and inform our understanding of “language-specific” localized processes.

Medical conditions as a contributing factor in crash causation

Lindsay, V.; Baldock, M.
Fonte: University of Adelaide; CD Publicador: University of Adelaide; CD
Tipo: Conference paper
Publicado em //2008 EN
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Despite recognition that medical conditions contribute to the risk of crash involvement, little is understood about the mechanisms by which these conditions lead to drivers, riders and pedestrians being involved in motor vehicle collisions. This study involved in-depth at-scene investigation of 298 road crashes in the Adelaide metropolitan area in which at least one person was transported to hospital or fatally injured as a result of injuries sustained in the crash. Medical records for those attending hospital or undergoing post-mortem examination were checked for medical documentation providing evidence that a medical condition was a contributing factor in the crash. This information was then matched with the information gathered at-scene and during personal interviews to determine the extent to which the medical condition contributed to the crash, taking into account other factors. We found that almost half the drivers, riders and pedestrians (referred to as active participants) involved in the crashes had at least one pre-existing medical condition, and half of these individuals had two or more such conditions. Importantly, we found that a medical condition was the main causal factor in 13% of the casualty crashes investigated and accounted for 23% of all hospital admission and fatal crash outcomes. The findings highlight the role of medical conditions as a contributing factor in crash causation based on real crash data.; http://trove.nla.gov.au/work/32189227; Lindsay...

Medical conditions as a contributing factor in crash causation

Lindsay, V.; Ryan, G.
Fonte: Government of Western Australia; Australia Publicador: Government of Western Australia; Australia
Tipo: Conference paper
Publicado em //2011 EN
Relevância na Pesquisa
36.87%
Between 2008 and 2010 CASR undertook a study to determine the proportion of casualty crashes resulting in admission to hospital that were directly associated with the effects of a medical condition or an acute medical event. The study involved examination of the hospital medical records for drivers, riders, pedestrians and cyclists involved in crashes on public roads in South Australia who presented to the Royal Adelaide Hospital for four hours or more during the three year period. A total of 1,490 medical records were accessed. These records were matched with a number of other data sources including Vehicle Collision Records generated by South Australian Police, licensing records from the SA Department of Motor Registration and drug and alcohol screening records generated by the Forensic Science Centre of SA. This detailed examination of the circumstances surrounding each person’s involvement in a crash enabled identification of those crashes that occurred as the direct result of a medical condition or acute medical event, as opposed to those for which a crash participant’s pre-existing medical condition(s) were unrelated. The study found that more than 10% of the crashes involved an active participant with a confirmed medical condition or acute medical event considered to be a contributing factor in the crash causation. This paper will outline the major findings of the study including the medical conditions found to have directly contributed to the crash...

Singular causation without dispositions

Garc??a-Encinas, Mar??a Jos??
Fonte: Universidad del Pa??s Vasco Publicador: Universidad del Pa??s Vasco
Tipo: Artigo de Revista Científica
ENG
Relevância na Pesquisa
37.11%
Some of these ideas were first presented at the Wokshop on Causality and Relativity, Barcelona 2007, and the Workshop on Singular Causality, Counterfactuals and Mental Causation, Granada 2007.; Is singular causation best understood within a dispositionalist framework? Although a positive answer has not yet been wholly developed, different philosophers have made some positive contributions suggesting that it is. Against these suggestions, I claim that any possible account of singular causation in terms of real, irreducible, dispositions conveys unsolvable flaws in its very metaphysical foundations.

Transference, or identity theories of causation?

Garc??a-Encinas, Mar??a Jos??
Fonte: Universidad del Pa??s Vasco Publicador: Universidad del Pa??s Vasco
Tipo: Artigo de Revista Científica
ENG
Relevância na Pesquisa
37.01%
I argue that transference is, ultimately, (non-relational) identity over time, and that (non-relational) identity over time can't possibly be causation. Transference, then, fails as an analysis of causation.

An Evolutionary Approach to Emergence and Social Causation

Martins, Nuno O.
Fonte: Equinox Publishing Publicador: Equinox Publishing
Tipo: Artigo de Revista Científica
Publicado em //2011 ENG
Relevância na Pesquisa
36.87%
Copyright © Equinox Publishing Ltd 2011.; Rom Harré criticizes critical realism for ascribing causal powers to social structures, arguing that it is human individuals, and not social structures, that possess causal powers, and that a false conception of structural causation undermines the emancipatory potential of critical realism. I argue that an interpretation of the category of process as the spatio-temporalization of the category of structure, which underpins much evolutionary theory, provides the conceptual tools to explain how the critical realist transformational model of social activity can escape from Harré's criticism, leading to a general conception of social development within which various types of evolutionary processes can be identified as particular cases. I then argue that Tony Lawson's PVRS model provides an evolutionary perspective that enables the conceptualization of coercive power as selective pressure.

Regularity and counterfactuality in Hume's treatment of causation

Marques,José Oscar de Almeida
Fonte: Faculdade de Filosofia e Ciências Humanas da UFMG Publicador: Faculdade de Filosofia e Ciências Humanas da UFMG
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/12/2011 EN
Relevância na Pesquisa
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Of the several theories of causation current in our days, Hume is said to be the inspiration of two of the most influential and accepted: the regularity theory, first clearly formulated by Thomas Brown in 1822, and the counterfactual theory, proposed by David Lewis in 1973. After a brief outline of the comparative merits and difficulties of these two views, I proceed to examine whether Hume's own treatment of causation actually corresponds to any of them. I will show that his first definition of cause, coupled with his rules by which to judge about causes and effects, contains elements that, properly developed, allow us to address successfully some traditional difficulties of the regularity view of causation, without resorting to the conceptual resources employed in the counterfactual approach. Therefore, we can properly classify Hume as an advocate of the conception of causation as regularity, noting however that his primary goal in his research and definitions of the concept was to provide not so much an analysis of causation as such, but of causation as we apprehend it, in the form of our ability to make causal inferences and refine them to reach the more sophisticated causal reasonings that are required in the theoretical and practical issues of life.

The Loss Causation Requirement for Rule 10B-5 Causes of Action: The Implications of Dura Pharmaceuticals v. Broudo

Ferrell, Frank A.; Saha, Atanu
Fonte: American Bar Association Publicador: American Bar Association
Tipo: Artigo de Revista Científica
EN_US
Relevância na Pesquisa
37.11%
In order to have recoverable damages in a Rule 10b-5 action, plaintiffs must establish loss causation, i.e. that the actionable misconduct was the cause of economic losses to the plaintiffs. The requirement of loss causation has come to the fore as the result of the Supreme Court's landmark decision in Dura Pharmaceuticals v. Broudo. We address in this paper a number of loss causation issues in light of the Dura decision, including issues surrounding the proper use of event studies to establish recoverable damages, the requirement that there be a corrective disclosure, what types of disclosure should count as a corrective disclosure, post-corrective disclosure stock price movements, the distinction between the class period and the damage period, collateral damage caused by a corrective disclosure, and forward-casting estimates of recoverable damages.

Caring for medically unexplained physical symptoms after toxic environmental exposures: effects of contested causation.

Engel, Charles C; Adkins, Joyce A; Cowan, David N
Fonte: PubMed Publicador: PubMed
Tipo: Artigo de Revista Científica
Publicado em /08/2002 EN
Relevância na Pesquisa
27.34%
Medically unexplained physical symptoms (MUPS) are persistent idiopathic symptoms that drive patients to seek medical care. MUPS syndromes include chronic fatigue syndrome, fibromyalgia syndrome, and multiple chemical sensitivities. When MUPS occur after an environmental exposure or injury, an adversarial social context that we call "contested causation" may ensue. Contested causation may occur publicly and involve media controversy, scientific disagreement, political debate, and legal struggles. This adversarial social context may diminish the effectiveness of the provider-patient relationship. Contested causation also may occur privately, when disagreement over the causes of MUPS takes place in the patient-provider context. These patient-provider disagreements over causation often occur because of the enigmatic nature of MUPS. We suggest that a context of contested causation may have serious negative effects on healthcare for individuals with MUPS. Context plays a larger role in MUPS care than it does for most medical care because of the uncertain nature of MUPS, the reliance of standard MUPS therapies on a potentially tenuous patient-provider partnership, and the clinical need to rely routinely on subjective MUPS assessments that often yield discordant patient and provider conclusions. Contested causation may erode patient-provider trust...

A reverse counterfactual analysis of causation

Broadbent, Alex
Fonte: University of Cambridge; Department of History and Philosophy of Science Publicador: University of Cambridge; Department of History and Philosophy of Science
Tipo: Thesis; doctoral; PhD
EN
Relevância na Pesquisa
37.23%
Lewis?s counterfactual analysis of causation starts with the claim that c causes e if ~ C > ~ E, where c and e are events, C and E are the propositions that c and e respectively occur, ~ is negation and > is the counterfactual conditional. The purpose of my project is to provide a counterfactual analysis of causation which departs signigicantly from Lewis?s starting point, and thus can hope to solve several stubborn problems for that approach. Whereas Lewis starts with a sufficiency claim, my analysis claims that a certain counterfactual is necessary for causation. I say that, if c causes e, then ~ E > ~ C ? I call the latter the Reverse Counterfactual. This will often, perhaps always, be a backtracking counterfactual, so two chapters are devoted to defending a conception of counterfactuals which allows backtracking. Thus prepared, I argue that the Reverse Counterfactual is true of causes, but not of mere conditions for an effect. This provides a neat analysis of the principles governing causal selection, which is extended in a discussion of causal transitivity. Standard counterfactual accounts suffer counterexamples from preemption, but I argue that the Reverse Counterfactual has resources to deal neatly with those too. Finally I argue that the Reverse counterfactual...

Russell on Mnemic Causation

Bernecker, Sven; University of Munich
Fonte: Federal University of Santa Catarina – UFSC Publicador: Federal University of Santa Catarina – UFSC
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2001 POR
Relevância na Pesquisa
37.18%
According to the standard view, the causal process connecting a past representation and its subsequent recall involves intermediary memory traces. Yet Bertrand Russell and Ludwig Wittgenstein held that since the physiological evidence for memory traces isn't quite conclusive, it is prudent to come up with an account of memory causation-referred to as nmemic causation—that manages without the stipulation of memory traces. Given mnemic causation, a past representation is directly causally active over a temporal distance. I argue that the stipulation of memory traces is indeed indispensable for analyzing mernory causation.

Mental Causation and the Causal Completeness of Physics

Mendonça, Wilson; Universidade Federal do Rio de Janeiro
Fonte: Federal University of Santa Catarina – UFSC Publicador: Federal University of Santa Catarina – UFSC
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2002 POR
Relevância na Pesquisa
37.27%
The paper takes issue with a widely accepted view of mental causation. This is the view that mental causation is either reducible to physical causation or ultimately untenable, because incompatible with the causal completeness of physics. The paper examines, first, why recent attempts to save the phenomena of mental causation by way of the notion of supervenient causation fail. The result of this examination is the claim that any attempted specification of the most basic causal factors which supposedly underlie a causal transaction cannot account for the counterfactually necessary connections with the effect in question. By contrast, the specification of these factors at a higher-level would allow establishing such connections. The paper closes with a discussion of how this view of autonomous ligher-level causation grounded on counterfactual relations can be made compatible with the physicalistic commitment to a complete specification of the particular causes of any physical effect exclusively in physical terms.

Structural theories of modelling token causation.

Stentenbach, Michael Joachim
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2007 EN
Relevância na Pesquisa
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This thesis deals with the most prominent accounts of analyzing singular event causation by employing counterfactuals or counterfactual information. The classic counterfactual account of token event causation was proposed in 1973 by the philosopher David Lewis and ruled that an event c is a cause of event e, if and only if there is a chain of counterfactually dependent events between c and e. Apart from facing conceptual problems due to its metaphysical claim to analyze causation 'as such' and to reduce it to counterfactual dependency, this account also produced implausible results: first, it stipulated that token causation is a transitive relation, and second, it could not analyze situations in which an effect is over-determined by various causes, either symmetrically or by one cause pre-empting another one. In 2000, almost three decades later, Judea Pearl, formerly an engineer, formulated a new and highly influential theory of modeling causal dependencies using counterfactual information that, as I argue, neither faces these conceptual problems nor produces these undesired results. This formal theory analyzes causal relationships between token events in a given situation in two steps: first, a causal model describing the relevant mechanisms at work in the situation is constructed...

PROBABILITY-LOWERING CAUSES AND THE CONNOTATIONS OF CAUSATION

PÁEZ,ANDRÉS
Fonte: Ideas y Valores Publicador: Ideas y Valores
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/04/2013 EN
Relevância na Pesquisa
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A common objection to probabilistic theories of causation is that there are prima facie causes that lower the probability of their effects. Among the many replies to this objection, little attention has been given to Mellor's (1995) indirect strategy to deny that probability-lowering factors are bona fide causes. According to Mellor, such factors do not satisfy the evidential, explanatory, and instrumental connotations of causation. The paper argues that the evidential connotation only entails an epistemically relativized form of causal attribution, not causation itself, and that there are clear cases of explanation and instrumental reasoning that must appeal to negatively relevant factors. In the end, it suggests a more liberal interpretation of causation that restores its connotations.