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

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

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Fumerton, Richard; Kress, Ken
Duke University School of Law
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.