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Causation In The Law
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Book Synopsis Proof of Causation in Tort Law by : Sandy Steel
Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Book Synopsis Causation in the Law by : H. L. A. Hart
Download or read book Causation in the Law written by H. L. A. Hart and published by OUP Oxford. This book was released on 1985-05-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
Book Synopsis Causation and Responsibility by : Michael S. Moore
Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Book Synopsis Causation in European Tort Law by : Marta Infantino
Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Book Synopsis Causation in Law and Medicine by : Danuta Mendelson
Download or read book Causation in Law and Medicine written by Danuta Mendelson and published by Routledge. This book was released on 2017-03-02 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Book Synopsis Causation and Laws of Nature by : Max Kistler
Download or read book Causation and Laws of Nature written by Max Kistler and published by Routledge. This book was released on 2006-09-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a causal relation? -- Laws of nature and universal generalisations -- Applicability conditions and the concept of strict law -- Consequences -- The nomological theory of causation and causal responsibility -- Efficacious properties and the instantiation of laws -- Causal responsibility and its applications.
Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton
Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Book Synopsis The Law of Intervening Causation by : Douglas Hodgson
Download or read book The Law of Intervening Causation written by Douglas Hodgson and published by Routledge. This book was released on 2016-12-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.
Book Synopsis Causation in the Law by : Herbert Lionel Adolphus Hart
Download or read book Causation in the Law written by Herbert Lionel Adolphus Hart and published by Oxford University Press. This book was released on 1959 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Causation and Laws of Nature by : H. Sankey
Download or read book Causation and Laws of Nature written by H. Sankey and published by Springer Science & Business Media. This book was released on 1999-12-31 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation and Laws of Nature is a collection of articles which represents current research on the metaphysics of causation and laws of nature, mostly by authors working in or active in the Australasian region. The book provides an overview of current work on the theory of causation, including counterfactual, singularist, nomological and causal process approaches. It also covers work on the nature of laws of nature, with special emphasis on the scientific essentialist theory that laws of nature are, at base, the fundamental dispositions or capacities of natural kinds of things. Because the book represents a good cross-section of authors currently working on these themes in the Australasian region, it conveys something of the interest and excitement of an active philosophical debate between advocates of several different research programmes in the area.
Book Synopsis Unravelling Tort and Crime by : Matthew Dyson
Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Book Synopsis The Oxford Handbook of Causation by : Helen Beebee
Download or read book The Oxford Handbook of Causation written by Helen Beebee and published by OUP Oxford. This book was released on 2012-01-12 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is a central topic in many areas of philosophy. In metaphysics, philosophers want to know what causation is, and how it is related to laws of nature, probability, action, and freedom of the will. In epistemology, philosophers investigate how causal claims can be inferred from statistical data, and how causation is related to perception, knowledge and explanation. In the philosophy of mind, philosophers want to know whether and how the mind can be said to have causal efficacy, and in ethics, whether there is a moral distinction between acts and omissions and whether the moral value of an act can be judged according to its consequences. And causation is a contested concept in other fields of enquiry, such as biology, physics, and the law. This book provides an in-depth and comprehensive overview of these and other topics, as well as the history of the causation debate from the ancient Greeks to the logical empiricists. The chapters provide surveys of contemporary debates, while often also advancing novel and controversial claims; and each includes a comprehensive bibliography and suggestions for further reading. The book is thus the most comprehensive source of information about causation currently available, and will be invaluable for upper-level undergraduates through to professional philosophers.
Book Synopsis Causation in Competition Law Damages Actions by : Claudio Lombardi
Download or read book Causation in Competition Law Damages Actions written by Claudio Lombardi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.
Book Synopsis The Oxford Handbook of Causal Reasoning by : Michael Waldmann
Download or read book The Oxford Handbook of Causal Reasoning written by Michael Waldmann and published by Oxford University Press. This book was released on 2017 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. The handbook brings together the leading researchers in the field of causal reasoning and offers state-of-the-art presentations of theories and research. It provides introductions of competing theories of causal reasoning, and discusses its role in various cognitive functions and domains. The final section presents research from neighboring fields.
Book Synopsis Explanation, Laws, and Causation by : Wei Wang
Download or read book Explanation, Laws, and Causation written by Wei Wang and published by Routledge. This book was released on 2017-04-21 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific explanation, laws of nature, and causation are crucial and frontier issues in the philosophy of science. This book studies the complex relationship between the three concepts, aiming to achieve a holistic synthesis about explanation–laws–causation. By reviewing Hempel's scientific explanation models and Salmon's three conceptions – the epistemic, modal, and ontic conception – the book suggests that laws are essential to explanation and that our understanding of laws will help solve the problems of the latter. Concerning the nature of laws, this book tackles both the problems of regularity approach and necessitarian approach. It also proposes that the ontological order of explanation should be from events (or processes) to causation, then to regularity (laws), and finally to science system, but the epistemological order should be from science system to laws to explanation and causation. In addition, this book examines the legitimacy of ceteris paribus laws, the connection between explanation and reduction, the relation between explanation and interpretation, and some other issues closely related to explanation–laws–causation. This book will attract scholars and students of philosophy of science, natural sciences, social sciences, etc.
Book Synopsis The Law of Causality and Its Limits by : Philipp Frank
Download or read book The Law of Causality and Its Limits written by Philipp Frank and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Causality and its Limits was the principal philosophical work of the physicist turned philosopher, Philipp Frank. Born in Vienna on March 20, 1884, Frank died in Cambridge, Massachusetts on July 21, 1966. He received his doctorate in 1907 at the University of Vienna in theoretical physics, having studied under Ludwig Boltzmann; his sub sequent research in physics and mathematics was represented by more than 60 scientific papers. Moreover his great success as teacher and expositor was recognized throughout the scientific world with publication of his collaborative Die Differentialgleichungen der Mechanik und Physik, with Richard von Mises, in 1925-27. Frank was responsible for the second volume, on physics, and especially noted for his authoritative article on classical Hamiltonian mechanics and optics. Among his earliest papers were those, beginning in 1908, devoted to special relativity, which together with general relativity and physical cosmology occupied him throughout his life. Already in 1907, Frank published his seminal paper 'Kausalgesetz und Erfahrung' ('Experience and the Law of Causality'), much later collected with a splendid selection of his essays on philosophy of science, in English (1941c and 1949g, in our Bibliography). Joining the first 'Vienna Circle' in the first decade of the 20th century, with Hans Hahn, mathematician, and Otto Neurath, sociologist and economist, and deeply influenced by studies of Ernst Mach's critical conceptual histories of science and by the striking challenge of Poincare and Duhem, Frank continued his epistemological investigations.
