Fact and Law in the Causal Inquiry

Legal Theory 15 (3):173-191 (2009)
Abstract
This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices.
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Citations of this work BETA
Alex Broadbent (2012). Causes of Causes. Philosophical Studies 158 (3):457-476.
Anya Plutynski (2014). Philosophy of Epidemiology. Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 46:107-111.
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Peter Lipton (1992). Causation Outside the Law. In Hyman Gross & Ross Harrison (eds.), Jurisprudence: Cambridge Essays. Oxford University Press. 127--148.
L. Morawski (1999). Law, Fact and Legal Language. Law and Philosophy 18 (5):461-473.
Helen Beebee (2003). Seeing Causing. Proceedings of the Aristotelian Society 103 (3):257-280.
Christopher Kutz (2007). Causeless Complicity. Criminal Law and Philosophy 1 (3):289-305.
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