Add to ORKGThis article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues
This chapter begins with a survey of the implicit role of causation in the writings of the early, pa...
The article debunks the consensus that in concerted action concurrent causes and alternative liabili...
Causation in the law is an extremely complex issue which has vexed philosophers and legal scholars a...
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and ...
This Article examines the scope of criminal laws that impose liability for failures to prevent a pro...
Analyses of factual causation face perennial problems, including preemption, overdetermination, and ...
Causation is commonly defined using the counterfactual model, and the “but-for” standard in particul...
On occasion, a fact pattern will arise in a tort action where a concurrent omission by two negligent...
Many philosophers believe that the omission of an act or that the absence of a cause can be causally...
This paper takes it as a premise that a distinction between matters of fact and of law is important ...
This article is part of a symposium on Michael Moore\u27s Causation and Responsibility. In Causation...
Causation is a problematic notion, as explained by Ronald Coase regarding the “bilateral nature” of ...
This paper reviews from a comparative legal perspective the range of juridical techniques that have ...
How should we deal with apparent causation involving events that have not happened when omissions ar...
Causation is a source of confusion in tort theory, as well as a flash point for the debate between c...
This chapter begins with a survey of the implicit role of causation in the writings of the early, pa...
The article debunks the consensus that in concerted action concurrent causes and alternative liabili...
Causation in the law is an extremely complex issue which has vexed philosophers and legal scholars a...
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and ...
This Article examines the scope of criminal laws that impose liability for failures to prevent a pro...
Analyses of factual causation face perennial problems, including preemption, overdetermination, and ...
Causation is commonly defined using the counterfactual model, and the “but-for” standard in particul...
On occasion, a fact pattern will arise in a tort action where a concurrent omission by two negligent...
Many philosophers believe that the omission of an act or that the absence of a cause can be causally...
This paper takes it as a premise that a distinction between matters of fact and of law is important ...
This article is part of a symposium on Michael Moore\u27s Causation and Responsibility. In Causation...
Causation is a problematic notion, as explained by Ronald Coase regarding the “bilateral nature” of ...
This paper reviews from a comparative legal perspective the range of juridical techniques that have ...
How should we deal with apparent causation involving events that have not happened when omissions ar...
Causation is a source of confusion in tort theory, as well as a flash point for the debate between c...
This chapter begins with a survey of the implicit role of causation in the writings of the early, pa...
The article debunks the consensus that in concerted action concurrent causes and alternative liabili...
Causation in the law is an extremely complex issue which has vexed philosophers and legal scholars a...