Causation in the Law. H. L. A. Hart and Tony Honoré. Abstract. This text is an updated and extended second edition supporting the findings of its well-known. This chapter maintains that there is no satisfactory analysis of causation in non- causal terms in the huge philosophical literature on the topic. It concludes that. Criteria for the Existence of Causal Connection in Law .. Hart, H.L.A., and Tony Honoré, Causation in the Law, 2nd ed., Oxford: Clarendon.
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Open access to the SEP is made possible by a world-wide funding initiative. The use of these criteria of intervention in legal systems is said to be derived from common sense and to be consistent with treating causal issues in law as questions of fact. XI Causation and Causatoon. No keywords specified fix it. Bibliographic Information Print publication date: The latter view is consistent with causal minimalism.
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They advocate the view that in a specific situation a causally relevant condition is a necessary element ,aw a set of conditions jointly sufficient for the harmful outcome. But foreseeability, though it bears some relation to probability, is clearly a non-causal criterion, and one that can apply only to human conduct, not to other alleged causes.
Causation in the Law – Oxford Scholarship
Nature and Functions of Causation 2. Science Logic and Mathematics. This theory, long orthodox in German civil law, but increasingly supplemented by policy-oriented criteria, is cauaation attractive when the agent wrongfully exposes someone to a risk of harm to which they would not otherwise be exposed.
Legal, Political, and Moral Philosophy. Causation in the Law in Philosophy of Law.
Causation in the Law
This objection can be met by having recourse to the risk theory, a version of the probability theory with strong support in Anglo-American writing in both criminal and civil law Keeton, Seavey, Glanville Williams. As stated earlier, in law responsibility for harm can rest on risk allocation as well as on causation. Mill’s notion of a jointly sufficient set of conditions. In practice this notion is widely applied ib both civil and, as Kadish has shown, criminal law.
If these criteria are then applied in attributive contexts, an agency will not be regarded as the cause of an outcome when that outcome is explained by a later abnormal action or conjunction of events or a deliberate intervention designed to bring it about. Law is concerned with the application of causal ideas, embodied in the language of statutes and decisions, to particular situations. Yet the but-for test seems to yield the conclusion that neither has caused the harm.
The inquiry will be, for example, into what was necessary or sufficient to cause a particular person’s death on a given occasion, not causxtion are in general the necessary and harg conditions of death. An Essay in Law, Morals, and Metaphysics. First, the criteria set out are too vague to govern decision in controversial cases. Clarendon Press,ch. It needs to be stressed that the grounds for limiting responsibility will not necessarily be the same in every branch of the law. XV Evidence and Procedure.
Causation in the Law in Philosophy of Law categorize this paper.
From the Publisher via CrossRef no proxy dx. It enables distinctions to be made according to the extent of contribution of a particular ij to the outcome.
The function of cause in relation to recipes and prediction points towards the NESS theory. This approach has a particular causatiln when a number of processes e.
Much law is indeed concerned with the distribution of social risks.
Even this has been questioned by Malone, who has pointed to the incorporation of normative considerations in the rules for proving cause-in-fact in civil law. The claimant in a civil action will typically argue, for example, that the fact that Smith drove at sixty causatio an hour in a built-up area on such-and-such an occasion caused the collision that in turn caused the victim to suffer a broken leg.
The obstructer is then the adequate cause of the injury. The second type of theory concerns questions of responsibility that would in the view of these causal minimalists be better addressed directly rather than by asking whether on the facts a causal relation existed between agency and harm.
Another function causatioj backward-looking and explanatory: