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Counterfactuals and the law
The Model Penal Code expresses the “but-for” test as follows: “Conduct is the cause of a result when: (a) it is an antecedent but for which the result in question would not have occurred.” If the defendant fired a gun and the bullet struck and killed the victim, the firing of the gun is a but-for, or necessary, cause of the death, since the victim would be alive if not for the firing. But-for causes can also be indirect. If Joe blocks a building’s fire exit with furniture, and Judy dies in a fire after she could not reach the exit, then Joe is legally responsible for her death even though he did not light the fire. (Symbolic representation see the child node)
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