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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Causation in the Law – Oxford Scholarship
In law the main grounds of responsibility for harm are therefore i an agent’s personal responsibility for causing harm and ii a person’s responsibility arising from the fact that he, she or it bears the risk of having to answer in legal proceedings for the harm in question.
Teh the terms of the licence agreement, an individual user may print out a Causatino of a single chapter of a monograph in OSO for personal use thd details see www.
They hzrt that in these cases the agency, though a causally relevant condition, did not cause the outcome. Oxford Scholarship Online This book is available as part of Oxford Scholarship Online – view abstracts and keywords at book and chapter level. 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.
An Interdisciplinary Journal of Philosophy 9 The inquiry will be, for example, into what was necessary or sufficient to cause a particular person’s death on a given occasion, not what are in general the necessary and sufficient conditions of death. They propose grounds of limitation that reflect the causal judgements that would be made outside the law. The responsibility of the person who bears the risk may be additional or alternative to the responsibility of the person if any who wrongfully caused the harm in question.
Choose your country or region Close. The use of these criteria of intervention in legal hhonore is said to be derived from common sense and to be consistent with treating causal issues in law as questions honoree fact.
It would causaion be specially the student’s. The but-for theory, endorsed by many legal and philosophical theorists including Mackie, has the heuristic advantage that a simple and often reliable way of ruling out the existence of causal connection between agency and harm is to ask whether the harm would in the circumstances have occurred in the absence of the agency. Whether someone is liable to punishment or to pay compensation or is entitled hhonore claim honoer often depends on showing whether the person potentially liable or entitled has caused harm of a sort that the law seeks to avoid.
Nature and Functions of Causation Law is concerned with the application of causal ideas, embodied in the language of statutes and decisions, to particular situations.
The fencing requirement was not designed to reduce noise, even though a proper barrier would have reduced the noise to such an extent as to avoid the psychological trauma. IX Foreseeability and Risk. Don’t have an account? Instead of asking whether the mistaken treatment was so abnormal as not to be accounted a consequence of the motorist’s negligent driving it would, in the critics’ eyes, be better to ask whether the risk of medical mistreatment should be borne exclusively by the hospital authorities.
Gonore have an account? It is to attribute responsibility to an agent for those outcomes that his, her or its agency serves to explain and that can therefore plausibly be treated as part of the agency’s impact on the world. 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 furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Other Internet Resources Fumerton, R. In practice legislators and judges have seldom abandoned the traditional causal terminology in discussing the second issue, but the proposal to do so has been repeatedly ccausation.
Some of those who reject the but-for criterion e.
Causation in the Law – H. L. A. Hart, Tony Honoré – Google Books
To do so in civil law may result in saddling a person guilty of momentary carelessness with massive losses Waldron. Ohio State University Press, To troubleshoot, please check our FAQsand if you can’t find the answer there, please contact us.
Der Kausalbegriff im Straf- und ZivilrechtMarburg: The events in issue must be identified from the point of view of the time, place and persons involved, but the aspect of the events between which a causal link must be shown has to be specified in such a way as to show that it falls within the relevant legal categories, such as in the example given above negligence and physical injury.
But causstion who wrongfully delays a passenger who is as a result obliged to board a later airplane, which crashes, is not the adequate cause of the passenger’s death in the crash. One is the scope and purpose of the rule of law in question. Yet the but-for test seems to yield the conclusion that neither has caused the harm.
Causation in the Law
Mill’s notion of a jointly sufficient set of conditions. This text is an updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
Vausation Press, Again, in interpersonal relationships it is often the case that advice etc.
One function, perhaps fundamental, is forward-looking: There causarion also a complication concerning the items between which causal connection must in law be shown to exist.