Personal Causation

First published in 1983. This book is primarily intended to make a theoretical contribution, to suggest a somewhat novel way of approaching the problems of human motivation, to break from tradition. The aim of this work is to stimulate the reader to think on a broad scale about big problems and to temper these thoughts with the detailed facts of empirical investigations.

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Get the focused foundation you need to successfully work with older adults. Occupational Therapy with Elders: Strategies for the COTA, 4th Edition is the only comprehensive book on geriatric occupational therapy designed specifically for the certified occupational therapy assistant. It provides in-depth coverage of each aspect of geriatric practice — from wellness and prevention to death and dying. Expert authors Helene Lohman, Sue Byers-Connon, and René Padilla offer an unmatched discussion of diverse populations and the latest on geriatric policies and procedures in this fast-growing area of practice. You will come away with a strong foundation in aging trends and strategies for elder care in addition to having a deep understanding of emerging areas such as low-vision rehabilitation, driving and mobility issues, Alzheimer’s disease and other forms of dementia, new technological advancements, health literacy, public policy, dignity therapy, and more. Plus, you will benefit from 20 additional evidence briefs and numerous case studies to help apply all the information you learn to real-life practice. It’s the focused, evidence-based, and client-centered approach that every occupational therapy assistant needs to effectively care for today’s elder patients. UNIQUE! Focus on the occupational therapy assistant highlights the importance of COTAs to the care of elder clients. Unique! Attention to diverse populations and cultures demonstrates how to respect and care for clients of different backgrounds. UNIQUE! Discussion of elder abuse, battered women, and literacy includes information on how the OTA can address these issues that are often overlooked. User resources on Evolve feature learning activities to help you review what you have learned and assess your comprehension. Case studies at the end of certain chapters illustrate principles and help you understand content as it relates to real-life situations. Multidisciplinary approach demonstrates the importance of collaboration between the OT and OTA by highlighting the OTA’s role in caring for the elderly and how they work in conjunction with occupational therapists. Key terms, chapter objectives, and review questions are found in each chapter to help identify what information is most important. NEW! 20 Additional evidence briefs have been added to reinforce this book’s evidence-based client-centered approach. NEW! Incorporation of EMR prevalence and telehealth as a diagnostic and monitoring tool have been added throughout this new edition. NEW! Expanded content on mild cognitive impairment, health literacy, and chronic conditions have been incorporated throughout the book to reflect topical issues commonly faced by OTs and OTAs today. NEW! Coverage of technological advancements has been incorporated in the chapter on sensory impairments. NEW! Other updated content spans public policy, HIPAA, power of attorney, advanced directives, alternative treatment settings, dignity therapy, and validation of the end of life. NEW! Merged chapters on vision and hearing impairments create one sensory chapter that offers a thorough background in both areas.

This book presents a history of the volitional theory of causation—the philosophical proposal that volition, or will, of the same or broadly the same stamp as that which we experience in our own deliberate and voluntary doings, should be taken as the basis for all causality. Few today know much about the volitional theory of causation, and even fewer have given it any serious attention. But if current opinion regards this suggestion as an unusual one, of minor importance, the historical record shows otherwise, revealing that it is a theory which has been proposed and developed again and again throughout the modern era. Its obscurity is only a recent phenomenon. Starting at the beginning of the Early Modern period and progressing right up the modern times, the historical discussion takes in both supporters and critics, as well as both famous and less well-known figures, to tell the story of a long-running debate which contemporary history of philosophy has forgotten. The principal figures discussed are Berkeley, Hume, Reid, Maine de Biran, Schopenhauer, Mansel, Mill, Martineau, Alexander Campbell Fraser, Borden Parker Bowne, and G.F.Stout, although many other philosophers are also considered. The book ends with a consider of the philosophical merits of the theory.

This definitive work--now extensively revised with virtually all new chapters--has introduced generations of researchers to the psychological processes that underlie social behavior. What sets the book apart is its unique focus on the basic principles that guide theory building and research. Since work in the field increasingly transcends such boundaries as biological versus cultural or cognitive versus motivational systems, the third edition has a new organizational framework. Leading scholars identify and explain the principles that govern intrapersonal, interpersonal, intragroup, and intergroup processes, in chapters that range over multiple levels of analysis. The book's concluding section illustrates how social psychology principles come into play in specific contexts, including politics, organizational life, the legal arena, sports, and negotiation. New to This Edition *Most of the book is entirely new. *Stronger emphasis on the contextual factors that influence how and why the basic principles work as they do. *Incorporates up-to-date findings and promising research programs. *Integrates key advances in such areas as evolutionary theory and neuroscience.

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