CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, September 22, 2021

Wright on Multiple Causes

Richard W. Wright (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Identifying and Assigning Liability Among Multiple Legally Responsible Causes (Rechtstheorie Journal 2021) on SSRN. Here is the abstract:
This paper, forthcoming in the Rechtstheorie journal, discusses the development of the NESS analysis of natural causation in philosophy and law and (relatedly) the failure of the but-for/sine-qua-non test as an exclusive test, responds to criticisms of the NESS analysis, notes general acceptance of the NESS analysis by academics and increasingly by courts made aware of it, distinguishes the natural causation issue from the legal responsibilty and ultimate liability issues, and briefly discusses the legal responsibiliy and ultimate liability issues.

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