Establishing Causation
Where establishing causation is required to establish legal liability, it is usually said that it involves a two-stage inquiry.
The first stage involves establishing ‘factual’ causation. Did the defendant act in the plaintiff’s loss? This must be established before inquiring into legal causation.
The second stage involves establishing ‘legal’ causation. This is often a question of public policy: is this the sort of situation in which, despite the outcome of the factual enquiry, we might nevertheless release the defendant from liability, or impose liability?
Read more about this topic: Causation (law)
Famous quotes containing the words establishing and/or causation:
“The conclusion suggested by these arguments might be called the paradox of theorizing. It asserts that if the terms and the general principles of a scientific theory serve their purpose, i. e., if they establish the definite connections among observable phenomena, then they can be dispensed with since any chain of laws and interpretive statements establishing such a connection should then be replaceable by a law which directly links observational antecedents to observational consequents.”
—C.G. (Carl Gustav)
“The very hope of experimental philosophy, its expectation of constructing the sciences into a true philosophy of nature, is based on induction, or, if you please, the a priori presumption, that physical causation is universal; that the constitution of nature is written in its actual manifestations, and needs only to be deciphered by experimental and inductive research; that it is not a latent invisible writing, to be brought out by the magic of mental anticipation or metaphysical mediation.”
—Chauncey Wright (1830–1875)