Contrastive causation in the law

Legal Theory 16 (4):259-297 (2010)
Abstract
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 occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came off better. In place of I suggest the more explicit An explicitly contrastive approach can thus potentially help the lawyer phrase her causal question in a more explicit way, while shedding light on our conception of causation
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 12,068
External links
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

View all 16 references

Citations of this work BETA
David Hommen (2014). Moore and Schaffer on the Ontology of Omissions. Journal for General Philosophy of Science 45 (1):71-89.
Julian Reiss (2013). Contextualising Causation Part I. Philosophy Compass 8 (11):1066-1075.
Similar books and articles
Analytics

Monthly downloads

Added to index

2010-03-09

Total downloads

124 ( #8,485 of 1,101,833 )

Recent downloads (6 months)

9 ( #28,656 of 1,101,833 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.