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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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University Press Scholarship Online. In legal contexts the possible range of agency is not confined to human conduct, but may extend to damage done by the agency of juristic persons, animals, inanimate objects such as motor vehicles and inanimate forces such as fire.

Classical, Early, and Medieval World History: Causation in the Law in Philosophy of Law. According to this theory responsibility for harmful outcomes is restricted to the type of harm the risk of which was increased by the agency’s intervention.

Causation in the Law – H. L. A. Hart, Tony Honoré – Google Books

Inducing Wrongful Acts, Occasioning Harm. The complexities concern the causatkon of responsibility, the grounds of responsibility, the items between which causal connection must be demonstrated, and the variety of relationships that can in some sense be regarded as causal. NESS supporters therefore appeal to the idea that particular causal links are instances of generalisations about the way in which events are connected.

In reply it is argued Mackie that in these cases all the agencies that are singly or jointly sufficient for the outcome together constitute its cause.

The importance of these honoe is that causatkon in law very often depends on showing that a specific action or event or state of affairs has caused specific harm or loss to another. This chapter maintains that there is no satisfactory analysis of causation in non-causal terms in the huge philosophical literature on the topic.

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Sometimes it is not possible to be sure that in the absence of one of lxw the decision would have been different. The entry covers the nature and functions of causation, the relation between causation and legal responsibility, and the criteria for the existence of causal connection in law.

The theory also draws on Mackie’s idea, in the context of causal generalisations, of an INUS condition insufficient but non-redundant part of an unnecessary but sufficient condition. It would not be specially the student’s.

Causation in the Law

A second reason why causing harm is not a necessary condition of legal responsibility is that there are many contexts in which a person is civilly or criminally responsible irrespective of whether any harm has been caused by their conduct or that of an agency for which they are responsible. Caausation your country or region Close. In many legal contexts and in the view of many theorists a single criterion is called for.

But in law this thd not solve the problem because, unless the agents are acting in concert, the responsibility of each agency has to be independently established. Griffin on Human Rights Roger Crisp. This approach has a particular attraction when a number of processes e.

To summarise, the idea that responsibility should depend on the agent’s having changed the course of events points in the direction of the but-for theory. Added to PP index Total downloads 50of 2, Recent downloads 6 months 2of 2, How can I increase my downloads?

Oxford University Press is a department of the University of Oxford. Are the criteria adopted in deciding these causal issues both objective and properly attuned to the function of fixing responsibility?

Causation in the Law – Oxford Scholarship

No rule is intended to give a remedy for every conceivable type of harm or loss. It needs to be stressed that the grounds for limiting responsibility will not necessarily be the same in every branch of the law.


The theories concerning the criteria for the existence of causal connection in law fall into two classes. Science Logic and Mathematics. Another concerns the aspiration of the law to achieve results that are morally unobjectionable.

Judith Jarvis Thomson Publisher: Which condition is taken to preempt the other is sometimes controversial but it is clear than in reaching a decision attention must be paid to the stages and processes by which the alleged causes lead to the harmful outcome. Find it on Scholar. Causation Outside the Law. This responsibility is then attributed to an agent or, metaphorically, to the other event or state of affairs in question e.

The latter view is consistent with causal minimalism. Thus, if an employer is responsible for harm caused by his or her employee to another person the employee may or may not also be legally responsible for that harm. Legal, Political, and Moral Philosophy. Publications Pages Publications Pages. There are however cases in which the but-for test is difficult to reconcile with our intuitive judgements of responsibility.

An Interdisciplinary Journal caueation Philosophy 9 It should be remembered, however, that the search for a single criterion may be no more than a response to legal doctrine.

Authors Affiliations are at time of print publication. Classical, Early, and Medieval World History: The pre-empting, not the pre-empted condition is taken to be the cause of the causstion.