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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Again, legal responsibility is often imposed, in the context of interpersonal relationships, on those who influence others by advising, encouraging, helping, permitting, coercing, deceiving, misinforming or providing opportunities to others that motivate or enable them to act in a way that ghe harmful to themselves or to others.
But one 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. Nature and Functions of Causation 2. Becker – – Ethics 97 3: Print Save Cite Email Share.
Again, in interpersonal relationships it is often the case that advice etc. No keywords specified fix it.
Social Dynamics Brian Skyrms. It would be natural to attribute any injury suffered by the claimant not to the obstruction of the pathway but to the act of the third person. In particular, the greater the weight attached to considerations of risk distribution the more likely it is that different limits will be appropriate in, for example, criminal, civil and public law.
The theories in question therefore embody reasons for limiting the extent of legal responsibility.
Though it is controversial whether causal connection is to be conceived as a relation between events or facts Davidsonin law both are relevant. The phenomenon of multiple causes, which have often to be weighed against one another, points to a quantitative theory. Open access to the SEP is made possible by a world-wide funding initiative. Our Faithfulness to the Past Sue Campbell. Caausation law is indeed concerned with honors distribution of social risks.
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. It is not a necessary condition for two reasons. If it would not have occurred cwusation the absence of the agency the agency will be a causally relevant condition or, hnore one endorses causal minimalism, a cause-in-fact of 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 what are in general the necessary and sufficient conditions of death.
Moore propose a general theory of causation in relation to responsibility.
Causation in the Law – H. L. A. Hart, Tony Honoré – Google Books
Causation in the Law in Philosophy of Law. For a person to be legally responsible for causing harm to another requires, apart from a number of conditions relating to jurisdiction, procedure and proof, that the conduct should be of the sort that the law designates as unlawful e.
XV Evidence and Procedure. Certain theorists reject causal minimalism, which involves a restricted notion of cause that is current in no extra-legal context. Criteria for the Existence of Causal Connection in Law The theories concerning the criteria for the existence of causal connection in law fall into two classes.
It enables distinctions to be made according to the extent of contribution of a particular process to the outcome. All systems treat it as a more serious offence to cause death than to attempt to do so. Those who reject the NESS theory either assert that singular causal judgments do not depend on generalisations or point to the fact that reliable generalisations of the sort presupposed by it are in practice virtually confined to inorganic physical processes.
Other Internet Resources Fumerton, R. Overview Description Reviews and Awards. Classical, Early, and Medieval Prose and Writers: Users without a subscription are not able to see the full content.
Mill’s notion of a jointly sufficient set of conditions. 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.
Search my Subject Specializations: Legal Studies8 They advocate the view that in a specific situation a causally relevant condition is a necessary element of a set of conditions jointly sufficient for the harmful outcome.
Causation in the Law
Der Kausalbegriff im Straf- und ZivilrechtMarburg: An Essay in Law, Morals, and Metaphysics. NESS supporters therefore appeal to the idea that particular causal links are instances of generalisations about the way in which events are connected.
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 that can in some sense be regarded as causal. Failing to help or provide opportunities to others by advising, warning, informing or rescuing them or supplying them with agreed goods and services are other grounds of responsibility for negative agency that, again, are at least analogous to causal relationships.
Enhanced bibliography for this entry at PhilPaperswith links to its database. Moreover the imposition of penalties in civil law and of punishments in criminal law need not bear any relation to the harm if any caused honord the conduct for which the penalty or punishment is imposed.