Notes on Causation and Responsibility in English Law

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.