LEADER 05114nam 22007575 450 001 9911035051603321 005 20251028120412.0 010 $a9783032038258 024 7 $a10.1007/978-3-032-03825-8 035 $a(CKB)41826915700041 035 $a(MiAaPQ)EBC32378998 035 $a(Au-PeEL)EBL32378998 035 $a(DE-He213)978-3-032-03825-8 035 $a(EXLCZ)9941826915700041 100 $a20251028d2025 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aPsychological Causation in Tort Law $eDamage Caused by Psychological Influence and Objective Imputation /$fby Cícero Dantas Bisneto 205 $a1st ed. 2025. 210 1$aCham :$cSpringer Nature Switzerland :$cImprint: Springer,$d2025. 215 $a1 online resource (362 pages) 225 1 $aLaw and Criminology Series 311 08$a9783032038241 327 $a1 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. 330 $aThis 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. 410 0$aLaw and Criminology Series 606 $aTorts 606 $aCommon law 606 $aCivil law 606 $aLaw$xPhilosophy 606 $aLaw$xHistory 606 $aConflict of laws 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aCommon Tort Law 606 $aCivil Law 606 $aTheories of Law, Philosophy of Law, Legal History 606 $aPhilosophy of Law 606 $aPrivate International Law, International and Foreign Law, Comparative Law 615 0$aTorts. 615 0$aCommon law. 615 0$aCivil law. 615 0$aLaw$xPhilosophy. 615 0$aLaw$xHistory. 615 0$aConflict of laws. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 14$aCommon Tort Law. 615 24$aCivil Law. 615 24$aTheories of Law, Philosophy of Law, Legal History. 615 24$aPhilosophy of Law. 615 24$aPrivate International Law, International and Foreign Law, Comparative Law. 676 $a346.03 700 $aDantas Bisneto$b Cícero$01854554 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9911035051603321 996 $aPsychological Causation in Tort Law$94451902 997 $aUNINA