法律英语词汇“causation”的翻译、意思、用法、释义-法律词典

单词

causation

释义

causation

causation a philosophical notion deeply rooted in Western (but not necessarily Eastern) philosophy that has become absorbed into the legal system, by which two events are said to be connected, the one later in time having been brought about by the earlier. Clearly, this has implications for the ascription of liability or responsibility. In CRIME and in TORT and DELICT, many cases become issues of causation, especially where there is competition between causative factors. The

caveat emptor

concept of intervening cause is often encapsulated in the phrase nova causa interveniens ('new intervening cause'). Thus, the person charged with murder may try to show that the simple punch landed on the victim was not the cause of the death but the incompetence of the medical team who treated the victim for his bruise. The general attitude of the courts is to treat the first cause as subsisting and to ignore the intervention unless it very clearly breaks a chain of cau- sation. Quantum physics, synchronicity and chaos theory, if valid and if appreciated by lawyers, might one day render causation less important. In any event, actual decisions show that the courts refuse to take a scientific view of the concept and apply the common's man view of causes. See R v. Blaue [1975] 1 WLR 1411; Finlayson v. HMA 1979 JC 33; McGhee v. NCB 1973 SC (HL) 37.

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