Hostname: page-component-77c89778f8-7drxs Total loading time: 0 Render date: 2024-07-17T21:51:33.192Z Has data issue: false hasContentIssue false

Notes on Causation and Responsibility in English Law

Published online by Cambridge University Press:  16 January 2009

Get access

Extract

That eminent Law Lord, Lord Asquith, now, alas, no longer with us, was somewhat apologetic in comparing legal doctrines of Causation with those as he saw them of science and philosophy. I venture to question if there is any occasion for apology. The different sciences have developed in their own many ways in their efforts to satisfy the needs of human thought which have called them into life; this is particularly true of their treatment of what is called the relation of cause and effect. Lord Asquith truly said that “ the philosophic doctrine of causation and the juridical doctrine of responsibility for the consequences of a negligent act diverge.” They are dealing with different problems and the solutions must differ. Certainly the solutions or explanations propounded by philosophers, scientists and lawyers are different from what is after all a relative and empirical problem. Law in particular has no reason to blush for the results of its age-long efforts.

Type
Research Article
Copyright
Copyright © Cambridge Law Journal and Contributors 1955

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)