Some of it, however, reveals him to have been a skeptic about the cause-in-fact requirement as well.
While there is no test of proximate causation that is comparably dominant in law (even if only in lip service) to the counterfactual test of cause-in-fact, it is nonetheless useful to display the various proximate cause tests as they react to problems in other tests of proximate causation.
A weaker view of this relation would be to regard part of the law’s concept of causation—“cause-in-fact”—to be the same as causation in science and everyday life, but to regard the other part—“proximate causation”—to be the conclusions of policy analyses having nothing to do with anything that could be thought of as causation in any ordinary sense.
The problems with the conventional legal analysis of causation—in terms of a bifurcation into cause in fact and proximate causation—have tempted some legal theorists to abandon the bifurcation of causation in the law and to search for a unitary notion of causation that is much more discriminating (in what it allows as a cause) than the hopelessly promiscuous counterfactual cause-in-fact test of the conventional analysis.
Similar
From the perceived failure of this one variation of the counterfactual theory of cause in fact, Kelman concluded that cause in fact itself cannot be a matter of fact (Kelman 1987).
Similar
A fifth modification to the counterfactual test of cause in fact is more by way of substitution than of amendment.
Similar
This skepticism includes what the law names “cause in fact” as well as “proximate cause”.
Similar
Whatsmore, you barely need to lift a finger to help out the cause – in fact, you just need to raise a pint glass.
Similar
We turn now from the policy-based tests of proximate causation to those tests based on the view that proximate causation, like cause in fact, has to do with real causal relations in the world.
Similar
The sixth and final modification of the counterfactual test of cause in fact is motivated by the proof problem.
Similar
(In fact, the Kremlin has gone to great lengths to hide news of soldiers’ deaths, in contrast to the glorification of fallen heroes during the Soviet era.)
Similar
Therefore the problem wasn’t detected (or was, if you’re being conspiracy minded, deliberately concealed) as it was ‘masked’ by the fact that active compactors also cause SNHs.
Similar
In fact, some argue that the root cause of extremism among British Muslims is alienation.
Similar
As revealed at Senate estimates this year, a single statement from Dutton’s department contained three major errors of fact about the shootings and their cause.
Similar
How can the justice system reflect that fact here, and is there any discussion among your colleagues around the world about ways to reflect that fact in cross-boundary legal action?
Similar
“The fact that the data is retained without the users of electronic communications services being informed of the fact is likely to cause the persons concerned to feel that their private lives are the subject of constant surveillance.
Similar
The first-cause argument begins with the fact that there is change in the world, and a change is always the effect of some cause or causes.
Similar
Following a recent suggestion, we may say that “causes are not ways in which we explain things, except derivatively, in virtue of the fact that they are ways in which some elements of the natural world explain others” (Stein 2012a: 705).
Similar
You might think that bringing such a large number of natural leaders together in one company might cause them to butt heads.
Similar
In a nutshell, the fruitfulness of combining Bayes’ rule with the principle of the common cause amounts to the fact that those hypotheses which embody information on common causes are apt to be assigned higher prior probabilities than hypotheses which involve mere coincidences.
cause-in-fact
On this page, there are 20 sentence examples for cause-in-fact. They are all from high-quality sources and constantly processed by lengusa's machine learning routines.
Grid-Flow technology
Just use the " " button to fragment sentence examples and start your learning flow.
Example output from one of your searches: