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Causation in the Law$
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H. L. A. Hart and Tony Honoré

Print publication date: 1985

Print ISBN-13: 9780198254744

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254744.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 July 2021

Causation and Sine Qua Non

Causation and Sine Qua Non

(p.109) V Causation and Sine Qua Non
Causation in the Law

H. L. A. Hart

Oxford University Press

Two indisputable advances towards simplicity and clarity in dealing with causal questions in the law are due to the modern criticism of the traditional approach. The first of these is the beneficially increased emphasis on the important point that consideration of the purpose of a legal rule shows that certain kinds of harm alleged to have been caused by a breach of the rule are altogether outside its scope. The second major advance secured by modern criticism is called the bifurcation of causal questions. The bifurcation of causal questions has real merits which are independent of this theoretical background and of the vocabulary thus chosen to emphasize the conviction that the only element in causation which is ‘factual’ or independent of legal policy or rule is the relation of sine qua non.

Keywords:   sine qua non, causal questions, bifurcation, causation

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