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Book Review: Rationale of Proximate Cause: Leon Green
Harper, Fowler
Harper, Fowler
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Abstract
This book purports to be an analysis of the various factors which have made proximate cause a puzzling conception for lawyers and judges. There are several things to recommend the volume. In the first place it is written in a clear, incisive style-almost laconic in places. In the next place, it is an unusually keen sifting out of the meat of a large number of cases where legal cause is obscured behind a welter of learned nonsense. The writer takes the position that in many so-called "proximate cause" cases, the real issue is simply one of policy, involving the finding of a practical, workable rule derived from a weighing of interests, which, if recognized as the real issue, would result in at least intelligible decisions which, when unsound, could be subsequently modified or corrected with a minimum of disturbance to the legal order. This, indeed, is far more than can be said for many judical disquisitions on proximate cause..