Law and Philosophy

, Volume 7, Issue 1, pp 67–105

Causing harm: Criminal law

  • Philip Mullock
Article

DOI: 10.1007/BF00149709

Cite this article as:
Mullock, P. Law Philos (1988) 7: 67. doi:10.1007/BF00149709

Abstract

This paper offers two related things. First, a theory of singular causal statements attributing causal responsibility for a particular harm to a particular agent based on the conjunction of a positive condition (necessitation) and a negative condition (avoidability) which captures the notions of sufficiency and necessity in intuitive ideas about agent causation better than traditional conditio sine qua non based theories. Second, a theory of representation of causal issues in the law. The conceptual framework is that of Game Trees and Games in Extensive Form. Causal conditions are defined set-theoretically over Game Trees; causal issues and fundamental distinctions (dependent versus independent intervening causes, foreseeability or not of harm etc.) arising in legal cases are accommodated by the device of a probability distribution over the game-tree representation of cases.

Copyright information

© Kluwer Academic Publishers 1988

Authors and Affiliations

  • Philip Mullock
    • 1
  1. 1.School of LawUniversity of PittsburghPittsburghU.S.A.