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The Causal Mechanism Theory of Legal Causation
Author(s) -
BachyRita Peter
Publication year - 2021
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12305
Subject(s) - causation , harm , plaintiff , mechanism (biology) , proximate and ultimate causation , generalization , law , law and economics , psychology , political science , epistemology , criminology , sociology , philosophy
Theories of legal causation that identify the concept with probability‐raising generate false positives where the defendant's conduct raises the probability of harm but brings about that harm in the wrong kind of way. Moreover, what the law seeks to deter is not conduct that raises the probability of harm, but rather conduct that is dangerous. A legal or proximate cause is one that harms the plaintiff through the causal mechanism that sustains the lawful generalization that the defendant's conduct was dangerous.