H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI:

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This book has two related main objectives. The first is to identify the sources of the uncertainties and confusions which continue to surround the legal use of causal language in spite of a vast juristic literature dedicated to its clarification. The second objective, to which the first is a preliminary, is to confront and evaluate a whole trend in legal thought about causation which originated, and has its most powerful advocates, in the United States, but is accepted, at least in principle, by many theorists in many jurisdictions. Legal rules say that men shall be punished, or shall make compensation, for the harm their wrongful acts have caused but according to the theory under discussion, once it has been settled that no harm would have occurred without a wrongful act, there is no further causal question remaining for the courts to discuss.

Keywords: causation; lawyers; causal language

Chapter.  3504 words. 

Subjects: Jurisprudence and Philosophy of Law

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