Concept tag
#legal-causation
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“But for the defendant’s act”: thirty-one years of counterfactuals from the courtroom
For three decades I reported on judgments that turned on sentences of the form "had the accused not done X, the deceased would not have died". I never asked what such a sentence is. It cannot be checked: the accused did do…
Started by Khalid Mahmood Awan5 replies -
Thirty-one years in the courts: legal causation is not physical causation, and should not be
For thirty-one years I reported on the courts of Lahore for a newspaper, the last ten mostly from the sessions courts. In retirement I am reading the jurisprudence I only skimmed in those years, and causation is where philosophy and the courtroom…
Started by Khalid Mahmood Awan4 replies