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Psychological causation in tort law = damage caused by psychological influence and objective imputation /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Psychological causation in tort law/ by Cícero Dantas Bisneto.
其他題名:	damage caused by psychological influence and objective imputation /
作者:	Dantas Bisneto, Cícero.
出版者:	Cham :Springer Nature Switzerland : : 2025.,
面頁冊數:	x, 246 p. :ill., digital ;24 cm.
內容註:	1 Introduction -- Part I: Causal Theories and Psychological Causal: A First Approach -- 2 Initial Considerations -- 3 Critical Analysis of Theories of Causation -- Part II: Psychological Causation: Case Studies and Legal Dogmatics -- 4 Psychological Causation -- 5 Application of Theoretical Models to Practical Cases -- 6 Conclusion.
Contained By:	Springer Nature eBook
標題:	Liability for emotional distress. -
電子資源:	https://doi.org/10.1007/978-3-032-03825-8
ISBN:	9783032038258

Psychological causation in tort law = damage caused by psychological influence and objective imputation /
Dantas Bisneto, Cícero.

Psychological causation in tort lawdamage caused by psychological influence and objective imputation /[electronic resource] :by Cícero Dantas Bisneto. - Cham :Springer Nature Switzerland :2025. - x, 246 p. :ill., digital ;24 cm.

1 Introduction -- Part I: Causal Theories and Psychological Causal: A First Approach -- 2 Initial Considerations -- 3 Critical Analysis of Theories of Causation -- Part II: Psychological Causation: Case Studies and Legal Dogmatics -- 4 Psychological Causation -- 5 Application of Theoretical Models to Practical Cases -- 6 Conclusion.

This study addresses one of the most challenging problems in contemporary tort law: the attribution of liability in cases where harm results not from direct physical causation, but from psychological influence that motivates or facilitates another person's conduct. Through systematic analysis, this work demonstrates that traditional causal theories-including direct and immediate causation, adequate causation, and the equivalence of conditions (sine qua non)-prove fundamentally inadequate when applied to cases involving "psychological causation." Similarly, the conduct and public statements of government officials can negatively affect citizens' behavior, particularly during periods of crisis. When government officials publicly disregarded mask-wearing protocols during the COVID-19 pandemic, for instance, this foreseeably encouraged non-compliance among the general population. Whether such individuals can be held civilly liable for the resulting harm presents a complex problem requiring careful doctrinal analysis. Equally significant is the question of liability when a group member initiates acts of vandalism or collective violence, subsequently followed by other members of an organized crowd or political group. This raises the fundamental question of whether the person who precipitates a disturbance can be held responsible for damage suffered by third parties, even when the specific perpetrator of a particular injury remains unidentified. Consider, for example, a supporter who initiates an altercation between opposing fans or who physically or verbally assaults members of an organized group, thereby triggering widespread confusion and resulting in harm to bystanders. Particular problems also arise when the consequent damage occurs because the second party, influenced by the conduct of the first agent, deliberately harms themselves or their interests. There are many examples of self-destructive reactions by the injured party after the initial harmful event, such as in cases of revenge porn, bullying, and environmental disasters like Brumadinho and Fukushima. Thus, the victim may, under the impact of the initial harm, prematurely stop their business activities, commit suicide, or refuse necessary treatment measures, such as a blood transfusion, for religious reasons. These scenarios challenge traditional causation theories by introducing psychological mediation between the defendant's conduct and the ultimate harm.

ISBN: 9783032038258

Standard No.: 10.1007/978-3-032-03825-8doiSubjects--Topical Terms:

3784752
Liability for emotional distress.

LC Class. No.: K925

Dewey Class. No.: 346.033

Psychological causation in tort law = damage caused by psychological influence and objective imputation /
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505 0 $a 1 Introduction -- Part I: Causal Theories and Psychological Causal: A First Approach -- 2 Initial Considerations -- 3 Critical Analysis of Theories of Causation -- Part II: Psychological Causation: Case Studies and Legal Dogmatics -- 4 Psychological Causation -- 5 Application of Theoretical Models to Practical Cases -- 6 Conclusion.
520 $a This study addresses one of the most challenging problems in contemporary tort law: the attribution of liability in cases where harm results not from direct physical causation, but from psychological influence that motivates or facilitates another person's conduct. Through systematic analysis, this work demonstrates that traditional causal theories-including direct and immediate causation, adequate causation, and the equivalence of conditions (sine qua non)-prove fundamentally inadequate when applied to cases involving "psychological causation." Similarly, the conduct and public statements of government officials can negatively affect citizens' behavior, particularly during periods of crisis. When government officials publicly disregarded mask-wearing protocols during the COVID-19 pandemic, for instance, this foreseeably encouraged non-compliance among the general population. Whether such individuals can be held civilly liable for the resulting harm presents a complex problem requiring careful doctrinal analysis. Equally significant is the question of liability when a group member initiates acts of vandalism or collective violence, subsequently followed by other members of an organized crowd or political group. This raises the fundamental question of whether the person who precipitates a disturbance can be held responsible for damage suffered by third parties, even when the specific perpetrator of a particular injury remains unidentified. Consider, for example, a supporter who initiates an altercation between opposing fans or who physically or verbally assaults members of an organized group, thereby triggering widespread confusion and resulting in harm to bystanders. Particular problems also arise when the consequent damage occurs because the second party, influenced by the conduct of the first agent, deliberately harms themselves or their interests. There are many examples of self-destructive reactions by the injured party after the initial harmful event, such as in cases of revenge porn, bullying, and environmental disasters like Brumadinho and Fukushima. Thus, the victim may, under the impact of the initial harm, prematurely stop their business activities, commit suicide, or refuse necessary treatment measures, such as a blood transfusion, for religious reasons. These scenarios challenge traditional causation theories by introducing psychological mediation between the defendant's conduct and the ultimate harm.
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