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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Classical, Early, and Medieval World History: Mill’s notion of a jointly sufficient set of conditions. First, the criteria set out are too vague to govern decision in controversial cases. The latter view is consistent with causal minimalism. Must the cause be a necessary condition, a sufficient condition or a necessary member of a set of conditions that are together sufficient for the outcome? This alarming scenario haet however be subject to independent legal requirements as casuation proof, type of damage and lapse of claims through the passage of time.

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. This use of cause serves to provide recipes and make predictions.

It is inevitably a matter of policy tge base to choose, and whether to include information not known or not available to the agent when he or she or it acted.

Causation in the Law – Oxford Scholarship

It also requires that the purpose of the law should encompass harm of the sort for which a remedy is sought. The theories concerning the criteria for the existence of causal connection in law fall into two classes. Did one action, event, process or state of affairs event for short cause another? The Influence of H. For example, if a rule requiring machinery to be fenced is designed to prevent harmful contact between the machinery and the bodies of workmen, a workman who suffers psychological harm from the noise made by the unfenced machine cannot ground a claim for compensation on the failure to fence.

History of Western Philosophy. Hart – – Philosophy 37 Some theorists for example Leon Green and others honofe the s up to Wright and Stapleton today hold that only the issue of causally relevant condition or cause-in-fact is genuinely causal.


Another limiting notion that has some claim to be regarded as causal is that of probability. Certain theorists reject causal minimalism, which involves a restricted notion of cause that is current in no extra-legal context. The metaphor derives rather from the fact that in an explanatory context a cause may be regarded as an intervention in the normal course of events. These uses of causatin by historians, moralists and lawyers raise the question, adumbrated by Collingwood, of whether the attribution of responsibility requires a different conception of cause from that employed for prediction or explanation.

Judith Jarvis Thomson Publisher: The complexities concern the incidence of responsibility, the grounds of responsibility, the items between which causal connection must be demonstrated, and the variety of relationships honoe can in some sense be regarded as causal.

Causation in the Law

The most persuasive explanations of an outcome are those that point to a condition that is abnormal or unexpected in the context or to a deliberate action designed to bring the outcome about.

Griffin on Human Rights Roger Crisp. Law is concerned with the application of causal ideas, embodied in the language of statutes and decisions, to particular situations.

These normative considerations are, however, more concerned with the rules of proof in law than with what has to be proved. As regards attributive uses of cause, the fact that the law has to attend simultaneously both to the meaning of terms importing causal criteria and to the purpose of legal rules and their moral status makes the theory of causation a terrain of debate which does not at present command general agreement and is likely to remain controversial e. 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.

It should be remembered, however, that the search for a single criterion may be no more than a response to legal doctrine. Even when applied to a specific situation this involves considering what generally happens when certain conditions are present.

Overview Description Reviews and Awards. This involves, first, a conception of what a cause is outside the law. There are problems about settling whether only the type of harm or the specific harm must be unforeseeable, and the moment at which foreseeability is to be judged.


Lww the Publisher via CrossRef no proxy dx. A later event of this sort is contrasted with a state of affairs e. Legal, Political, and Moral Philosophy. Is the risk of falling into the canal different from the risk of being pushed into it?

Social Dynamics Brian Skyrms. It also fits the thw that in most legal contexts an agency, in order to be responsible for the whole of the harm that ensues, need only be shown to be one of the causes of harm, not the sole cause.

The Legacy of H. Committee on Publications, Washington University, Those who reject the NESS theory either assert that singular causal judgments do not depend on causatiom or point to the fact that reliable generalisations of the sort presupposed by it are in practice virtually confined to inorganic physical processes.

Both inside and outside the law many actions are regarded as wrongful whether or not they cause tangible harm. IX Foreseeability and Risk.

Other Internet Resources Fumerton, R. Secondly, even if the criteria suggested for selecting certain conditions as causes are in place in explanatory inquiries they are not necessarily so in attributing responsibility. The failure of a doctor to prescribe an effective contraceptive cannot be held to be responsible for the death of the victim of a murder committed by the child conceived as a result of the doctor’s causatjon.

Our Faithfulness to the Past Sue Campbell. Others are concerned with a specific feature that the cause must possess in relation to the consequence in order that causal connection may be made out.

But in law this does not solve the problem because, unless the agents are acting in concert, the responsibility of each agency has to be independently established.

As stated earlier, in law responsibility for harm can rest on risk allocation as well as on causation.