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Causation In Tort Law: A Reconsideration, Keith N. Hylton
Causation In Tort Law: A Reconsideration, Keith N. Hylton
Faculty Scholarship
Causation is a source of confusion in tort theory, as well as a flash point for the debate between consequentialist and deontological legal theorists.1 Consequentialists argue that causation is generally determined by the policy grounds for negligence, not by a technical analysis of the facts.2 Conversely, deontologists reject the view that policy motives determine causation findings.
Causation has also generated different approaches within the consequentialist school. Some take an essentially forward- looking approach to formalizing causation analysis, finding causation analysis to be subsumed within the Hand Formula.4 Another approach within the consequentialist school closely examines the incentive …