It first appeared in the second edition (1961), which incorporated much
of Hart & Honore's exposition in Causation in the Law (1959). Not in
Fleming's first edition, obviously, since that edition came out in 1957, two
years prior to H&H. See 73 Calif. L. Rev. 1788
n.227.
Dear Colleagues,
I'm hoping somebody can anybody advise without having to trudge to the
stacks whether the wastepaper basket & fire example and a version of
this passage
"Every event
or occurrence is the result of many conditions that are jointly sufficient to
produce it. This complex set of conditions includes all antecedents, active or
passive, creative or receptive, which were factors actually involved in
producing the consequence. In particular, it embraces both “causes” and what are
commonly called mere causal “conditions”; for that distinction, whatever its
value in the context of the later inquiry into “proximate” cause, does not
correspond to any functional difference as regards the de facto relation between
antecedents and their consequents."
first appears in the 1st or 2nd editions of the text. My recollection is
that I've seen it as far back as the 4th and probably the 3rd.
I'm trying to avoid having to go into any libarary this weekend.
Regards and Happy New Year to all.
DC