Skip to main content
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 5
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Hamer, David 2014. ‘Factual causation’ and ‘scope of liability’: What's the difference?. The Modern Law Review, Vol. 77, Issue. 2, p. 155.

    Plutynski, Anya 2014. Philosophy of epidemiology. Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences, Vol. 46, p. 107.

    Broadbent, Alex 2012. Causes of causes. Philosophical Studies, Vol. 158, Issue. 3, p. 457.

    Broadbent, Alex 2011. EPIDEMIOLOGICAL EVIDENCE IN PROOF OF SPECIFIC CAUSATION. Legal Theory, Vol. 17, Issue. 04, p. 237.

    Schaffer, Jonathan 2010. CONTRASTIVE CAUSATION IN THE LAW. Legal Theory, Vol. 16, Issue. 04, p. 259.



  • Alex Broadbent (a1)
  • DOI:
  • Published online: 26 October 2009

This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Legal Theory
  • ISSN: 1352-3252
  • EISSN: 1469-8048
  • URL: /core/journals/legal-theory
Please enter your name
Please enter a valid email address
Who would you like to send this to? *