書籍介紹
因果關係無所不在——在解釋世界、責任歸咎、行動決策等眾多實踐生活議題中，因果關係都扮演重要角色。但為什麼從學校教科書到六法全書，都沒有告訴我們「因果關係究竟是什麼？」。
在日常生活與法律實務，關於某個結果應歸因於哪個事件，經常引發分歧爭論。本書主張，實踐生活所關注的因果關係並沒有唯一正確的恰當性標準，反倒因為各種實踐考量而具有可論辯性。為了達成因果關係的實踐功能，人們建構出交織事實、反事實與規範的複雜想像模式，並在實踐生活的試煉中不斷修正。
本書結合哲學、法學與科學的取向，透過生動案例揭示因果關係的多元面貌：哲學家可發現因果哲學議題具有豐富的實踐意涵，科學背景的讀者將看到因果推理的科學方法在各個實踐生活領域的應用，而法律學者與實務工作者更能發掘出許多意想不到的因果論辯可能性。我們邀請讀者進入一場跨越學科邊界、直面現實爭議的因果思辨之旅。
目次
序 言 ······················································································································· iii
導論：因果關係與實踐生活 ............................................................................... 1
第1章 因果論辯的主要議題 ............................................................... 7
楔子 ·········································································································· 7
1.1 因果與責任 ····················································································· 10
1.2 簡單的反事實因果分析 ······························································· 13
1.3 簡單反事實因果分析的三個難題 ············································· 18
1.4 因果論辯的主要議題 ··································································· 28
1.5 從反事實因果分析到因果模型理論 ········································· 35
1.6 本書內容概要 ················································································ 43
附錄一：實驗心理學的因果論辯案例 ············································ 45
附錄二：充分條件、必要條件與INUS條件 ································· 47
第2章 因果階梯：關聯、干預、反事實思考 ............................... 53
2.1 第一層：觀察關聯性 ·································································· 56
2.2 第二層：干預帶來改變 ······························································ 60
2.3 第三層：反事實思考 ··································································· 75
第3章 因果模型簡介：結構方程模型與因果圖形 ......................... 91
3.1 結構方程模型 ·················································································· 92
3.2 因果圖形 ·························································································· 101
3.3 理想干預運算 ················································································· 106
3.4 干預式因果相關性與實際因果的初步定義 ····························· 112
3.5 因果論辯的結構分析 ···································································· 119
3.6 因果論辯分析法 ············································································· 129
3.7 因果模型理論的其他議題 ··························································· 132
附錄：因果模型理論的優越處與必要性 ········································ 142
第4章 過度決定與原因阻斷 ............................................................. 149
4.1 過度決定 ························································································ 152
4.2 先發阻斷 ························································································ 157
4.3 實際因果的修正定義 ·································································· 160
4.4 後發阻斷 ······················································································· 166
4.5 投票案例 ······················································································· 182
4.6 不作為的過度決定 ······································································· 187
4.7 不作為的原因阻斷 ······································································· 192
附錄：轉軌案例 ·················································································· 199
第5章 因果篩選與規範 ................................................................... 203
5.1 過分涵蓋的案例 ········································································ 206
5.2 因果篩選與規範 ········································································ 212
5.3 納入規範要素的實際因果定義 ·············································· 224
5.4 因果判斷的脈絡與視角相對性 ·············································· 227
5.5 因果、規範與責任 ···································································· 236
5.6 規定性規範的因果目的式規範觀 ········································· 242
5.7 可能的批評與回應 ··································································· 247
5.8 因果論辯的評價反思模式 ······················································ 257
第6章 法律中的結合原因與因果篩選 ........................................ 269
6.1 法律中的因果篩選：事實原因與法律原因的區分 ·········· 272
6.2 結合原因的類型與異常性比較 ············································· 277
6.3 異常與正常事件結合 ······························································ 284
6.4 異常性對等的事件結合 ·························································· 294
6.5 異常性不對等的事件結合 ····················································· 304
6.6 規範目的與結果責任範圍 ····················································· 318
第7章 相當因果關係 ...................................................................... 329
7.1 相當因果關係：法律實務的判斷標準 ······························· 331
7.2 相當性：正常情境下的反事實充分關係 ··························· 334
7.3 預設值模型的相當因果關係定義 ······································· 341
7.4 案例分析 ··················································································· 350
7.5 偏離因果流程的相當因果關係判斷 ··································· 361
7.6 不作為的相當因果關係 ························································· 369
7.7 因果卸責問題 ·········································································· 372
7.8 相當因果關係與客觀歸責理論的比較 ······························ 381
第8章 介入原因的因果論辯 ....................................................... 389
8.1 介入原因：概念、案例與困惑 ··········································· 392
8.2 介入原因的因果結構 ···························································· 398
8.3 強與弱的介入原因 ································································ 408
8.4 主動介入的因果論辯 ··························································· 421
8.5 救助行為的因果論辯 ···························································· 429
8.6 提供機會行為的因果與責任論辯 ······································ 438
8.7 後發阻斷與介入原因的因果結構區別 ····························· 449
第9章 對比因果論辯 ................................................................... 459
9.1 因果關係的對比結構 ··························································· 463
9.2 對比因果關係的運用 ··························································· 468
9.3 恰當對比事件的選擇與法律對比因果判斷 ···················· 479
9.4 法律對比因果判斷的案例 ·················································· 489
9.5 法律對比因果論辯：合法對比事件的選擇論辯 ··········· 497
9.6 法律對比因果論辯：結果對比事件的評價論辯 ··········· 508
結 語：回顧與展望 ................................................................... 515
徵引文獻 ····················································································· 533
索 引 ····························································································· 547
編／著／譯者簡介
王鵬翔
德國基爾大學法學博士，現任中央研究院法律學研究所研究員。研究領域為法律哲學，在哲學界被視為法律人，在法學界被當成哲學家。目前研究重點聚焦於因果、規範、理由之間的三角關係，以及法律作為人類想像力產物的哲學議題。著作及個人網頁請見https://idv.sinica.edu.tw/philaw/。
王一奇
美國德州大學奧斯汀校區哲學博士，現任國立中正大學哲學系教授。研究興趣集中在科學、邏輯與形上學三者相糾結的跨領域哲學議題上，尤其熱愛從假設性思考面向，探討各種與推理及科學方法相關的哲學議題。多篇論文發表於國內外著名期刊，著有專書《另類時空圖書館：假設性思考的難題及其解決方案》及《獅頭人身、毒蘋果與變化球：因果大革命》，並獲得數項重要學術獎勵。
分類
其他詳細資訊
- 適用對象：成人(學術性)
- 關鍵詞：因果關係，反事實思考，規範
- 附件：無附件
- 頁/張/片數：576
授權資訊
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- 取得授權資訊：聯絡處室：國立臺灣大學出版中心
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