Abstract
The Adequate Cause Theory: On the relation of Philosophical and Legal Concepts of Causality. The paper discusses the first explicit and logically convincing introduction of a concept of probabilistic causality into legal theories of causation in Germany by Johannes von Kries (1888). First, it is shown how this step was prepared by the failure of the philosophical analysis of causation which took its leading examples from physics to overcome the difficulties which presented themselves in cases of “irreducible multicausality”. Secondly, I give the basic ideas of Kries's connection of causal theory and probability theory by presenting his concept of “scope” („Spielraum“). Finally, I turn to some concepts which are still controversively discussed in legal contexts and which exhibit the logical structure analysed by Kries. It is shown that a certain indefiniteness of the relevant distinctions, which cannot be overcome, does not paralyse their being useful.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
