منابع مشابه
A Common Sense Theory of Causation
Causes are defined informally to be events which are both contextually necessary and contextually sufficient for their effects. A formal, logico-pragmatic, definition is then given and discussed.
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What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant’s breach of duty must be shown to have caused the plaintiff’s damages, it is not enough to consider what would have happened if the cause had not occurred—the law instructs us to look to a specific replacement for the cause, which in thi...
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Despite difficulties associated with the law of causation, it could be much clearer than it is. The aim of this paper is to present a framework which provides an acceptable explanation of, and justification for, the pattern of the cases and the statutory provisions. The discussion is intended to cover the criminal law of Australia, Canada, England and New Zealand.
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Reasoning about causation in fact is an essential element of attributing legal responsibility. Therefore, the automation of the attribution of legal responsibility requires a modelling effort aimed at the following: a thorough understanding of the relation between the legal concepts of responsibility and of causation in fact; a thorough understanding of the relation between causation in fact an...
متن کاملThe Death of Common Sense: How Law Is Suffocating America
If Howard plays his cards right, he may be on the brink of creating his own intemal industry along the lines of Peters and Waterman's, "In Search of Excellence." There appears to be a broad range of acceptance of his views on the excesses of regulation. President Clinton recently shared the same stage with Howard when he aligned himself with the popular intention of reducing big govemment. Sena...
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ژورنال
عنوان ژورنال: Oxford Journal of Legal Studies
سال: 2018
ISSN: 0143-6503,1464-3820
DOI: 10.1093/ojls/gqy028