Anglo-american Tort Law Causation Theory

Causation in tort law is one of toughest issues that has troubled scholars and judges for a long time. But in our country, the scholars did not attach enough importance to it and the theories about it were pale. Now, we will make our own civil code and the tort law has great possibility to play a role in this code. So, no matter we love or not, we all must pay more attention to make and improve the theories about causation in our tort law. According, mis dissertation aims at introducing the causation in English and American tort law on purpose to lay the foundation for further research.Except for the foreword and including, the paper includes three parts. In the first part, we introduce some basic issues about causation in philosophy and tort law, such as the conception of cause and resultThe second part recommends the causal theory that Great Britain and America infringes on law .This part is the most important one in this essay. This part is divided into three sections. Section one is mainly about cause-in-fact and its tests. The focus here is on the issue of actual causation: Did the defendant cause the plaintiff's harm? Combining a large number of cases, we also say some thing about the concrete application of the tests and the relationship between them. Section two is mainly to introduce the legal cause and its tests. The focus here is on the issue: At what point will the law refuse to hold the defendant responsible for the injury or injuries that he or she has in fact caused? The proximate cause is really about policy and mis will be shown by introducing the concrete application of direct-cause test and foreseeability test In the last section, we introduce the theory about intervening-cause and superseding-cause, including their concept, meaning and transformation of each other.The third pert is mainly about some analysis to causation of tort law in Great Britain and America. First, we make some summaries to the relationship between actual cause and legal cause on the basis that part two has been described; then, we remark the actual cause,the legal cause and the whole causation in Great Britain and America(including the author's himself attitude and analysis, also including the scholars' and judges' analysis in Great Britain and...