Contrastive Causation in the Law
Legal Theory (forthcoming)
| Abstract | According to Hume (2007: 145), our concepts of causation, resemblance, and contiguity are the foundation of all of our reasoning concerning matters of fact, and “to us the cement of the universe”. As Carroll (1994: 118) puts the point: “With regard to our total conceptual apparatus, causation is at the center of the center”. Causation is certainly central to the law. Many liability doctrines in both criminal law and torts explicitly require that the defendant has caused harm to the plaintiff (c.f. Moore 2009: 3). Thus—given that the law uses “cause” in the ordinary sense, and not its own stipulatively defined sense—our concepts of causation and of legal liability can illuminate each other | |||||||||
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