Tuesday, September 11, 2018
Alec D. Walen (Rutgers School of Law) has posted Probabilistic Partial Causation and a Gap in the Criminal Law on SSRN. Here is the abstract:
Cases in which a person merely contributes to the probability of harmful events such as death cannot be properly handled in the criminal law as it currently exists. These cases provide another kind of case (in addition to overdetermination cases) demonstrating that factual causation should not be understood in terms of but-for causation. They also imply that the corpus of substantive law is incomplete.