Proximate Cause Explained An Essay in Experimental Jurisprudence

• Published in: The University of Chicago law review Vol. 88; no. 1; pp. 165 - 236
• Main Authors: Knobe, Joshua, Shapiro, Scott
• Format: Journal Article
• Language: English
• Published: Chicago University of Chicago Law Review 01.01.2021; University of Chicago Law School; University of Chicago, acting on behalf of the University of Chicago Law Review
• Subjects: Analysis; Case law; Causality; Causation; Causation (Criminal law); Cognitive science; Criminal law; Experimental studies; Jurisprudence; Legal ethics; Philosophy; Proximate cause (Law); Psychological aspects; State court decisions; UNITED STATES

One of the oldest debates in American jurisprudence concerns the concept of "proximate cause." According to so-called formalists, the legal concept of proximate cause is the same as the ordinary concept of "cause." The legal question of whether a cause is proximate for the purpos...