Chapter

Common Sense and the Law

J. L. Mackie

in The Cement of the Universe

Published in print September 1980 | ISBN: 9780198246428
Published online November 2003 | e-ISBN: 9780191597954 | DOI: http://dx.doi.org/10.1093/0198246420.003.0006

Series: Clarendon Library of Logic and Philosophy

 Common Sense and the Law

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This chapter concerns the employment of causal notions within a legal context, especially focusing on the account given by Hart and Honore. The examination is made in the light of Mackie's conclusions regarding causal regularities and conditional analyses offered in the previous chapters. Mackie argues that despite the variety of employment of causal notions put forward by Hart and Honore, there may be one broad account of causation that can account for all of those cases. Mackie also critically examines Ducasse's account of causation. Having made several criticisms of this account, Mackie concludes that a counterfactual component is still required for any successful account of causation.

Keywords: counterfactual; Ducasse; Hart; Honore; law

Chapter.  11174 words. 

Subjects: Metaphysics

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