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Choosing What We Mean By Causation In The Law, Jane Stapleton
Choosing What We Mean By Causation In The Law, Jane Stapleton
Missouri Law Review
In a radical new account of "causation" in the Law, I argue that "causation" is a term we use to express diverse information about the world. Clarity is promoted if we use the term "causation" to refer to the information yielded by only one type of inquiry. Lawyers have used the term to refer to more than one type of enquiry, and philosophers often do not specify an inquiry. The most useful inquiry for legal purposes is one that compares the actual world of a particular phenomenon with a hypothetical world and thereby determines, in the context of that comparison, …
Insubstantiality Of The Substantial Factor Test For Causation, The, Joseph Sanders, Miachal D. Green
Insubstantiality Of The Substantial Factor Test For Causation, The, Joseph Sanders, Miachal D. Green
Missouri Law Review
Because David's focus in his scholarly work has been on factual causation, and because he has contributed so much to our understanding of that subject in the Third Restatement, we have chosen a topic in that area for this essay. The essay addresses factual cause in toxic substances cases where the evidence of exposure is meager. 7 We're not sure that David will agree with all of what we say, but we hope that he will be honored by our choice of topic.