國立高雄大學圖資館 |

Psychological causation in tort lawdamage caused by psychological influence and objective imputation /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Psychological causation in tort lawby Cícero Dantas Bisneto.
Reminder of title:	damage caused by psychological influence and objective imputation /
Author:	Dantas Bisneto, Cícero.
Published:	Cham :Springer Nature Switzerland :2025.
Description:	x, 246 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Liability for emotional distress.
Online resource:	https://doi.org/10.1007/978-3-032-03825-8
ISBN:	9783032038258$q(electronic bk.)

Psychological causation in tort lawdamage 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$q(electronic bk.)

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

1002439
Liability for emotional distress.

LC Class. No.: K925

Dewey Class. No.: 346.033

Psychological causation in tort lawdamage caused by psychological influence and objective imputation /
LDR:03862nmm a2200337 a 4500 001 690394
003 DE-He213
005 20251028120412.0
006 m d
007 cr nn 008maaau
008 260409s2025 sz s 0 eng d
020 $a 9783032038258$q(electronic bk.)
020 $a 9783032038241$q(paper)
024 7 $a 10.1007/978-3-032-03825-8 $2 doi
035 $a 978-3-032-03825-8
040 $a GP $c GP
041 1 $a eng $h por
050 4 $a K925
072 7 $a LNV $2 bicssc
072 7 $a LAW087000 $2 bisacsh
072 7 $a LNV $2 thema
082 0 4 $a 346.033 $2 23
090 $a K925 $b .D192 2025
100 1 $a Dantas Bisneto, Cícero. $3 1005855
240 1 0 $a Causalidade Psíquica. $l English
245 1 0 $a Psychological causation in tort law $h [electronic resource] : $b damage caused by psychological influence and objective imputation / $c by Cícero Dantas Bisneto.
260 $a Cham : $b Springer Nature Switzerland : $b Imprint: Springer, $c 2025.
300 $a x, 246 p. : $b ill., digital ; $c 24 cm.
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.
650 0 $a Liability for emotional distress. $3 1002439
650 0 $a Torts. $3 309539
650 1 4 $a Common Tort Law. $3 884523
650 2 4 $a Civil Law. $3 276647
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
650 2 4 $a Philosophy of Law. $3 274769
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 913280
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
856 4 0 $u https://doi.org/10.1007/978-3-032-03825-8
950 $a Law and Criminology (SpringerNature-41177)