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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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Evidence and Procedure

Evidence and Procedure

Chapter:
(p.406) XV Evidence and Procedure
Source:
Causation in the Law
Author(s):

H. L. A. Hart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254744.003.0017

This chapter deals with certain questions of evidence and procedure as they touch those issues which may, in the broadest sense be termed ‘causal’. How are such issues settled? What is involved in proving the presence of ‘causal connection’ between a wrongful act and harm? Here some of the difficulties arise because of the variety of types of causal connection, others from the ambiguities of the expression ‘burden of proof’, which is used in the formulation of a wide range of issues, procedural and evidentiary, others again from the interplay of questions of proof and principles of legal policy. The first section here considers evidence on causal issues. The second section examines the procedural effect of evidence adduced. The third section discusses the division of function between judge and jury.

Keywords:   evidence, procedure, causal connection, judge, jury, wrongful act, harm, burden of proof

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