Causal law

“ The mistake regularly made in such a case is the immediate and superficial search for the personality of the criminal instead of what should properly proceed—the study of the causal conditions of the crime. For the causal law does not say that everything which occurs, taken as a whole and in its elements, has one ground—that would be simply categorical emptiness. What is really required is an efficient and satisfying cause. ”

“ The causal law, which the critical analysis of the material scientific methods shows to be a fundamental condition of empirical thought, in its requirement that the events stand as causes and effects in necessary connection, or real dependence, comprehends these uniform contents of perception only in the way peculiar to our thought. ”

“ Such misapplications always arise, partly, through our taking the conception of cause, like many other metaphysical and ethical conceptions, in far too wide a sense; partly, through our forgetting that the causal law is certainly a presupposition which we bring with us into the world, by which the perception of things outside us becomes possible ”

“ Nevertheless he believes that, when we can apply measures to the combination of empirical appearances, then we can apply the logical principle as causal law to this combination, and say that one appearance is the cause of another, thus adding a notion of causality not contained in the actual observations, but specializing the general notion of causality. ”

“ In certain directions our task is next to the historians’ who aim to bring men and events into definite causal sequence. The causal law is indubitably the ideal and only instructive instrument in the task of writing convincing history, and it is likewise without question that the same method is specifically required in the presentation of evidence. ”

“ I mean, in short, that it is impossible for any precisely similar thing to possess a different value, in precisely such a sense as that, in which it is, I think, generally admitted that it is not impossible that causal laws should have been different from what they are—a sense of impossibility, therefore, which certainly does not depend merely on causal laws. ”

“ But science can use it where it has been found to be true, without being forced into any assumption as to its truth in other fields. We cannot, therefore, feel any a priori certainty that causation must apply to human volitions.
The question how far human volitions are subject to causal laws is a purely empirical one. Empirically it seems plain that the great majority of our volitions have causes, but it cannot, on this account, be held necessarily certain that all have causes. ”

“ What we have said so far is that there have been hitherto certain observed causal laws, and that all the empirical evidence we possess is compatible with the view that everything, both mental and physical, so far as our observation has extended, has happened in accordance with causal laws. ”

“ All that we can know empirically is approximate and liable to exceptions; the exact laws that are assumed in physics are known to be somewhere near the truth, but are not known to be true just as they stand. The laws that we actually know empirically have the form of the traditional causal laws, except that they are not to be regarded as universal or necessary. "Taking arsenic is followed by death" is a good empirical generalization ”

“ For there is probably no one even of the best established laws of causation which is not sometimes counteracted, and to which, therefore, apparent exceptions do not present themselves, which would have necessarily and justly shaken the confidence of mankind in the universality of those laws, if inductive processes founded on the universal law had not enabled us to refer those exceptions to the agency of counteracting causes, and thereby reconcile them with the law with which they apparently conflict. ”

“ Common-law approaches to causation often require proof of but-for cause as a starting point toward proof of legal cause. The law may require more than but-for cause, for instance proximate cause, before imposing liability. Any standard less than but-for, however, simply represents a decision to impose liability without causation. ”

“ At the same time, we cannot go along with Mr Mill in the following affirmation (p. 201) :—
'This natural probability is converted into certainty when we take into consideration that universal law of our experience which is termed the Law of Causation, and which makes us unable to conceive the beginning of anything without an antecedent condition, or cause.' Such 'inability to conceive' appears to us not in correspondence with facts. First, it cannot be properly either affirmed or denied, until agreement is obtained what the word cause means. ”

“ The theory that causation is known a priori cannot be definitely refuted, but it can be rendered very unplausible by the mere process of formulating the law exactly, and thereby showing that it is immensely more complicated and less obvious than is generally supposed. ”

“ If the cause itself should furnish sufficient reason for gaining the good will of the judge, out of this whatever is most specious and favorable may be inserted in the exordium. It will be unnecessary to enumerate all the favorable circumstances in causes, they being easily known from the state of facts; besides, no exact enumeration can take place on account of the great diversity of law-suits. It is the cause itself, therefore, that must teach us to find and improve these circumstances ”

“ If it should not so turn out, then either the deduction must be illegitimate, the formula imperfect or impossible, or the fact made apparent, that, while all the other sciences, as biology, psychology and their various divisions, are known to conform to certain well determined laws of causation, sociology, in which all history and government find their basis, conforms to no law, but is the product of the merest chance. ”

“ But the uniformities of coexistence obtaining among phenomena which are effects of causes, must (as we have so often observed) be corollaries from the laws of causation by which these phenomena are really determined. The mutual correlation between the different elements of each state of society, is therefore a derivative law, resulting from the laws which regulate [Pg 508] the succession between one state of society and another: for the proximate cause of every state of society is the state of society immediately preceding it. ”

“ But the standard applied to defendant's consciousness is external to it. The question is not whether he thought the facts to constitute probable cause, but whether the court thinks they did. Holmes on the Common Law, 140. Probable cause is a mixed question of law and fact. ”

“ To me it seems that philosophy ought not to assume such legislative functions, and that the reason why physics has ceased to look for causes is that, in fact, there are no such things. The law of causality, I believe, like much that passes muster among philosophers, is a relic of a bygone age, surviving, like the monarchy, only because it is erroneously supposed to do no harm. ”

“ Such an assertion is not to be credited on any less evidence than what would suffice to overturn the law. The general truths, that whatever has a beginning has a cause, and that when none but the same causes exist, the same effects follow, rest on the strongest inductive evidence possible; the proposition that things affirmed by even a crowd of respectable witnesses are true, is but an approximate generalization; and—even if we fancy we actually saw or felt the fact which is in contradiction to the law—what a human being can see is no more than a set of appearances ”

“ The only notion of a cause, which the theory of induction requires, is such a notion as can be gained from experience. The Law of Causation, the recognition of which is the main pillar of inductive science, is but the familiar truth, that invariability of succession is found by observation to obtain between every fact in nature and some other fact which has preceded it; independently of all consideration respecting the ultimate mode of production of phenomena, and of every other question regarding the nature of "Things in themselves." ”

“ It appears from what has been said, that the assertion that a cause has been defeated of an effect which is connected with it by a completely ascertained law of causation, is to be disbelieved or not, according to the probability or improbability that there existed in the particular instance an adequate counteracting cause. ”

“ Now it appears to me that this assurance cannot be obtained, when the cause assumed in the hypothesis is an unknown cause, imagined solely to account for a. When we are only seeking to determine the precise law of a cause already ascertained, or to distinguish the particular agent which is in fact the cause, among several agents of the same kind, one or other of which it is already known to be, we may then obtain the negative instance. ”

“ All laws of causation are liable to be counteracted or frustrated, by the non-fulfillment of some negative condition; the tendency, therefore, of B to produce C may be defeated. Now the law that A produces B, is equally fulfilled whether B is followed by C or not; but the law that A produces C by means of B, is of course only fulfilled when B is really followed by C, and is, therefore, less general than the law that A produces B. It is also less general than the law that B produces C. For B may have other causes besides A ”

“ If the "law of causality" is to be something actually discoverable in the practice of science, the above proposition has a better right to the name than any "law of causality" to be found in the books of philosophers. ”

“ The universality of the law of causation—in other words, the uniform course of nature—is the fundamental principle on which all induction [Pg 427] proceeds, the great premise on which all our science is founded. But if this law itself be the result only of experience, itself only a great instance of induction, so long as nature presents cases requiring investigation, where the causes are unknown to us, so long the law itself is imperfectly established. ”

“ None the less, it is a late conception, unknown to the great mass of the human species. Scientific research began by establishing laws, (i. e., invariable relations of cause and effect) between certain groups of phenomena, began by establishing a law of causality that was valid for these and these only; and the transfer of this law to all that is known and unknown has only been effected little by little, and is even yet incomplete. In a word, the law of [186] universal causality is the generalisation of particular laws, and remains a postulate. ”

“ It may be said in passing that the highly complicated rules of evidence at the common law have practically nothing to do with our present subject, for they spring from very special conditions, and have been molded by very special purposes. Their object is to establish, so far as is possible, principles which will apply to all cases of a like nature; and they therefore rule out many facts and much evidence which outside the court we all use without hesitation in making up our minds. ”

“ It is worth remarking, that complex instances which would have been of no use for the discovery of the simple laws into which we ultimately analyse their phenomena, nevertheless, when they have served to verify the analysis, become additional evidence of the laws themselves. Although we could not have got at the law from complex cases, still when the law, got at otherwise, is found to be in accordance with the result of a complex case, that case becomes a new experiment on the law, and helps to confirm what it did not assist to discover. ”

“ If, then, it is only to cases which in point of time are adjacent (or nearly adjacent) to those which we have actually observed, that any derivative law, not of causation, can be extended with an assurance equivalent to certainty, much more is this true of a merely empirical law. Happily, for the purposes of life it is to such cases alone that we can almost ever have occasion to extend them. ”

“ They are inferences from inferences; presumptions resting on the basis of another presumption. Such a mode of arriving at a conclusion of fact is generally, if not universally, inadmissible. No inference of fact or of law is reliable drawn from premises which are uncertain. Whenever circumstantial evidence is relied upon to prove a fact, the circumstances must be proved, and not themselves presumed. ”

“ In form its growth is logical. The official theory is that each new decision follows syllogistically from existing precedents. But just as the clavicle in the cat only tells of the existence of some earlier creature to which a collar-bone was useful, precedents survive in the law long after the use they once served is at an end and the reason for them has been forgotten. The result of following them must often be failure and confusion from the merely logical point of view. ”

“ Until that law could be connected with the psychological and ethological laws on which it must depend, and, by the consilience of deduction a priori with historical evidence, could be converted from an empirical law into a scientific one, it could not be relied on for the prediction of future events, beyond, at most, strictly adjacent cases. ”

“ It is a reason for proportioning the care to the offence, great care taken with an unimportant case inevitably clearing many guilty ones. A law which gives to the judges power of moderating the care in the case of attenuating circumstances is then conformable at the same time to principles of humanity towards the culprit, and to the interest of society. The product of the probability of the offence by its gravity being the measure of the danger to which the acquittal of the accused can expose society, one would think that the care taken ought to depend upon this probability. ”