Modern Tort law has a two part test to determine causation - but-for causation and proximate cause. Professor Richard Epstein explains how these two parts necessarily go together but often create confusion in trying to allocate responsibility. Rather than starting from the remote beginning of a causal chain of events, the Roman tort system started from the immediate cause and only then proceeded to consider other factors.
Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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