Chapter

Causation and <i>Sine Qua Non</i>

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: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0006
Causation and Sine Qua Non

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Two indisputable advances towards simplicity and clarity in dealing with causal questions in the law are due to the modern criticism of the traditional approach. The first of these is the beneficially increased emphasis on the important point that consideration of the purpose of a legal rule shows that certain kinds of harm alleged to have been caused by a breach of the rule are altogether outside its scope. The second major advance secured by modern criticism is called the bifurcation of causal questions. The bifurcation of causal questions has real merits which are independent of this theoretical background and of the vocabulary thus chosen to emphasize the conviction that the only element in causation which is ‘factual’ or independent of legal policy or rule is the relation of sine qua non.

Keywords: sine qua non; causal questions; bifurcation; causation

Chapter.  10503 words. 

Subjects: Jurisprudence and Philosophy of Law

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