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Acprof oso 9780198254744
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Causation in Legal Theory
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University of Victoria; date: 31 March 2016
Causation in the Law
H. L. A. Hart and Tony Honoré
Print publication date: 1985
Print ISBN-13: 9780198254744
Published to Oxford Scholarship Online: March 2012
DOI: 10.1093/acprof:oso/9780198254744.001.0001
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Causation in Legal Theory
H. L. A. Hart
DOI:10.1093/acprof:oso/9780198254744.003.0005
The most frequent type of causal question which courts face is
whether a human action or omission caused some specific
harm; but even this one form of question may be relevant to
legal responsibility in different ways. In criminal law this
question usually has to be answered because criminal offences
are often defined in simple terms as acts causing specific
harms: in such cases a causal connection between some action
of the accused and the specified harm must be shown in order
to establish the existence of liability. Meanwhile, the task of`
the jurist is not to search for general policies but rather to
reveal the true character of the issues wrapped up in the
blurred notions of causation and the strategy and procedure
involved in their presentation to courts.
Keywords: causal questions, harm, legal responsibility, causal connection,
jurist, liability, causation
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