Causation, Legal History, and Legal Doctrine

Barzun examines the concept of causation across legal history and contemporary legal doctrine, arguing that how courts define and apply causation reflects deeper jurisprudential commitments. The article traces the evolution of causation standards in tort law, contract law, and criminal law, demonstrating that causation is not a neutral factual inquiry but a normative judgment about responsibility and liability. Barzun shows how legal causation doctrines embed policy choices about who bears responsibility for harm and how courts allocate losses and punishment. The author analyzes the distinction between 'but-for' causation and proximate cause, exploring how courts navigate competing concerns of fairness, deterrence, and administrability. Barzun argues that understanding legal causation requires attending to its historical development and recognizing that causation standards serve specific jurisprudential functions beyond factual determination, informing how modern legal doctrine addresses complex causation questions in tort, criminal, and environmental law.

Keywords: causation · proximate cause · tort law · legal responsibility · criminal law · judicial doctrine