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Some reflections on Hart and Honore, causation in the law

In Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press (2008)

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  1. Contrastive causation in the law.Jonathan Schaffer - 2010 - Legal Theory 16 (4):259-297.
    What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...)
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