Causation and the Law: Preemption, Lawful Sufficiency, and Causal Sufficiency

Citation data:

64 Law and Contemporary Problems 83 (Autumn 2001), Vol: 64, Issue: 4, Page: 83-106

Publication Year:
2001
Usage 2736
Downloads 2591
Abstract Views 145
Repository URL:
https://scholarship.law.duke.edu/lcp/vol64/iss4/5
Author(s):
Fumerton, Richard; Kress, Ken
Publisher(s):
Duke University School of Law
Tags:
United States; Causality; Experimental/theoretical; Law; Torts; Theory; Causation (Tort law); Analysis; Proximate cause (Law)
article description
This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.