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Inverse View
It is not the case that Hart and Honoré's 'Causation in the Law' (1959) distinguishes coincidences from interventions only when the coincidence is genuinely unforeseeable.
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Reasons For
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Reason for
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1.
Foreseeability is subjective and varies by person; using it as causation's criterion conflates epistemic limits with metaphysical causal relations.
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2.
Many legally relevant coincidences (sudden illness, natural disasters) remain causally connected to defendant's acts even if unforeseeable at the time.
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3.
Hart and Honoré's standard may excuse liability for negligently creating dangerous conditions when subsequent unpredictable events cause harm.
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Reasons Against
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Reason against
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1.
Legal causation requires distinguishing defendant's action from subsequent events; foreseeability marks the boundary between responsibility and mere coincidence.
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2.
Unforeseeable interventions break causal chains because reasonable actors cannot plan for or guard against genuinely unpredictable events.
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3.
This framework protects defendants from liability for truly random occurrences while holding them accountable for normal risks their actions create.
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