Legal causation

Jurisprudence 14 (1):55-75 (2022)
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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.

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Thomas Byrne
University of California, Los Angeles

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