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Causation: Linguistic, Philosophical, Legal And Economic, Richard W. Wright, Ingeborg Puppe
Causation: Linguistic, Philosophical, Legal And Economic, Richard W. Wright, Ingeborg Puppe
Chicago-Kent Law Review
Causation plays an essential role in attributions of legal responsibility. How-ever, considerable confusion has been generated in philosophy, law and economics by the use of causal language to refer not merely to causation in its basic (actual/factual/natural) sense, which refers to the operation of the laws of nature, but also to the quite different normative issue of appropriate legal responsibility. To reduce such confusion, we argue that causal language in these disciplines should be used to refer solely to causation in its basic sense. While it is often said that the law need not and should not concern itself with …
Overdetermined Causation Cases, Contribution And The Shapley Value, Samuel Ferey, Pierre Dehez
Overdetermined Causation Cases, Contribution And The Shapley Value, Samuel Ferey, Pierre Dehez
Chicago-Kent Law Review
The overdetermined causation cases (duplicative causation, concurrent causes, etc.) challenge the consistency and relevance of the but for test in torts. A strict application of the but for criterion to these cases leads to paradoxes and solutions that violate common sense. This explains why a large amount of literature has been developed in philosophy and jurisprudence to provide more accurate causation criteria. This paper adds to this literature by considering over-determination cases from an economic and mathematical point of view. Following Martin van Hees and Matthew Braham in their 2009 article Degrees of Causation, we consider over-determined cases through cooperative …