Causation Outside the Law
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In their important book, Causation in the Law, H. L. A. Hart and Tony Honore argue that causation in the law is based on causation outside the law, that the causal principles the courts rely on to determine legal responsibility are based on distinctions exercised in ordinary causal judgments. A distinction that particularly concerns them is one that divides factors that are necessary or sine qua non for an effect into those that count as causes for purposes of legal responsibility and those that do not. Hart and Honore claim that this distinction is often one of fact rather than of legal policy, and that the factual basis is to be found in the ordinary distinction we draw between causes and 'mere conditions'. If this claim is correct, we may hope to illuminate the legal distinction by articulating the principles behind the ordinary one. This is a challenging task since, as in the case of most cognitive skills, we are far better at making particular judgments than we are at stating the general principles that underlie them. Hart and Honore devote the first part of their book to this difficult task. We have, then, two large projects. One is to articulate our ordinary notion of causation, especially the distinction between cause and mere condition. This is the project of constructing an 'ordinary model'. The other is to argue for what we may call the 'shared concept claim', the claim that the concept of legal cause is based on the ordinary notion of causation, that 'causal judgments, though the law may have to systematize them, are not specifically legal. They appeal to a notion which is part of everyday life' (1985, p. lv; all references to follow are from this edition). This essay will focus on Hart and Honore's ordinary model, rather than on their shared concept claim. In my judgment, Hart and Honore's case for some version of the shared concept claim is strong, so they are right to maintain that a better understanding of our ordinary notion of..
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Peter Lipton (1992). Causation Outside the Law. In Hyman Gross & Ross Harrison (eds.), Jurisprudence: Cambridge Essays. Oxford University Press 127--148.
Michael S. Moore (2009). Causation and Responsibility: An Essay in Law, Morals, and Metaphysics. OUP Oxford.
Jos Lehmann & Aldo Gangemi (2007). An Ontology of Physical Causation as a Basis for Assessing Causation in Fact and Attributing Legal Responsibility. Artificial Intelligence and Law 15 (3):301-321.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15 (3):173-191.
Haskell Fain (1966). Hart and Honoré on Causation in the Law. Inquiry 9 (1-4):322-338.
Matthew H. Kramer (ed.) (2008). The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
Jonathan Schaffer (2012). Disconnection and Responsibility. Legal Theory 18 (Special Issue 04):399-435.
Judith Jarvis Thomson (2008). Some Reflections on Hart and Honore, Causation in the Law. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press
Jonathan Schaffer (2010). Contrastive Causation in the Law. Legal Theory 16 (4):259-297.
Jos Lehmann, Joost Breuker & Bob Brouwer (2004). Causation in AI and Law. Artificial Intelligence and Law 12 (4):279-315.
Andrew McGee (2011). Omissions, Causation, and Responsibility. Journal of Bioethical Inquiry 8 (4):351-361.
Richard W. Wright (2008). The Nightmare and the Noble Dream : Hart and Honore on Causation and Responsibility. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press
Jane Stapleton (2008). Choosing What We Mean by'Causation'in the Law. Missouri Law Review 73 (2):433--480.
Lawrence C. Becker (1987). Book Review:Causation in the Law. H. L. A. Hart, Tony Honore. [REVIEW] Ethics 97 (3):664-.
Philippa Foot (1963). Hart and Honoré: Causation in the Law. Philosophical Review 72 (4):505-515.
Added to index2010-12-22
Total downloads22 ( #133,774 of 1,727,288 )
Recent downloads (6 months)2 ( #264,055 of 1,727,288 )
How can I increase my downloads?