ABSTRACT
I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.
Thomas Byrne, Legal causation, Jurisprudence – An International Journal of Legal and Political Thought, volume 14, 2023 – issue 1, pages 55-75. Published online: 14 October 2022.
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