Causation in the Law

Hart, H. L. A., & Honoré, T. (1985). Causation in the Law. Oxford University Press.

Type

Book chapter

Intellectual base

Review or monograph

Year

1985

ISBN

9780198254744

Link

https://openlibrary.org/books/OL3184055Mmatched

Cited from

philosophy, psychology

Cited by

3 citations across 3 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Minimal Modification Principle
  • The structural insight is robust: a legal judgment about causation, a causal experiment in statistics, a moral reasoning about responsibility, a policy analyst's what-if, and a physicist modeling alternative scenarios all employ the same preservation-and-minimal-change logic, as Hart and Honoré (1985) demonstrated in their analysis of common-sense causal reasoning across legal and ordinary contexts.

    This sourceComprehensive analysis of how courts use common-sense counterfactual reasoning to attribute causal responsibility; demonstrates that the same minimal-modification logic underlies legal, moral, and ordinary causal judgment.

• Overdetermination
  • Legal attribution, liability allocation, and damages remain additional normative questions rather than consequences of the Prime alone.
• Responsibility Attribution
  • Tort law's "but-for" causation is an explicit counterfactual test, and comparative-negligence regimes apportion damages by fault percentage across plaintiffs and defendants.

    This sourceComprehensive analysis of how courts use common-sense counterfactual reasoning to attribute causal responsibility; demonstrates that the same minimal-modification logic underlies legal, moral, and ordinary causal judgment.

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