The Embedding of Causation in Legal Liability Doctrines
This chapter examines the actus reus requirements in tort and criminal law. The essential thesis of the chapter is that our liability scheme in both areas of law is causation-drenched, and that this is so irrespective of whether those liability doctrines use the word ‘cause’ explicitly or whether those doctrines use causative verbs of action like ‘hit’, ‘kill’, and ‘disfigure’. The chapter also argues that there are no so called ‘conduct-crimes’, crimes whose actus reus lack a causal element.
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