Causation in the Law - Stanford Encyclopedia of Philosophy
2019年10月3日 · Causation is ubiquitous in the law’s prohibitions of actions because the causative verbs of action (such as, “killing”) imply causation of some harm such as death by an act; and conversely (if controversially—Byrne, 2021,2022), causation of such harms imply that such an action as killing has taken place.
Causation (law) - Wikipedia
In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses .
Causation - Definition, Examples, Cases, Processes - Legal Dictionary
2016年5月1日 · Definition of Causation; What is Causation in the Law. 1. Did the accused have a legal duty to act in a particular way? 2. Did the harm or damages result from the acts of the accused? 3. Were the acts of the accused unlawful, unreasonable, or otherwise against public policy? Steps to Establishing Causation. Factual Causation; Legal Causation
Causation in the Law - Stanford Encyclopedia of Philosophy
The entry covers the nature and functions of causation, the relation between causation and legal responsibility, and the criteria for the existence of causal connection in law. The last topic is treated in two parts: what are causally relevant conditions (‘causes-in-fact‘) and what are the grounds for limiting responsibility (the ...
Causation in the Law | The Oxford Handbook of Causation
2010年1月2日 · Previous accounts of ‘causation’ in the law are flawed by their failure to appreciate that causal language is used to express different information about the world. Because causal terms have been used to communicate answers to different questions, any philosophical search for a free-standing account of causation is doomed.
cause | Wex | US Law | LII / Legal Information Institute
Cause usually describes the reason something happens. The concept of cause has been used in many areas of law. In tort law, the plaintiff must prove that the defendant caused the alleged tort. Factual (or actual) cause and proximate cause are the two elements of causation in tort law. Factual cause is often established using the but-for-test ...
Causation in the Law | Oxford Academic
2012年3月22日 · This text is an updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
Rethinking Actual Causation in Tort Law - Harvard Law Review
2017年6月10日 · The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she “intentionally causes bodily contact” with another; 1 she trespasses only if she “intentionally enters or causes tangible entry upon the land in possession of another”; 2 she is liable for negligence only if she “causes ...
Hart and Honore's book * is a thorough and scholarly concept of causation in Anglo-American law. Closely reasoned, Continental theories, it represents a serious attempt to restate the law in tort, contract and crime in an intelligible way. In future, serious …
The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she “intentionally causes bodily contact” with another; 1 she trespasses only if she “intentionally
- 某些结果已被删除