Sunday, July 25, 2010

Because

As I small child I often asked a lot of “Why” questions. Why this? Why that? My inquisitive questioning however was often met by my parents with the short answer: “Because.” So of course I would have to ask the next question, “Because why?” And very often that question was met by another short answer:“Just because.”
We often want to know why something happened or what happened as the result of something else happening. We try to understand the reason or cause for it. We use the word "because", well, because it often helps us understand why something happened.

Many times our questions reach a dead end, not because our parents or others don’t want to answer us, but because they may not know the answer, have a hard time explaining it, or worry that we will not be able to correctly comprehend the answer.
There is a well know principle sometimes simply called cause and effect. It is based on the concept that an action or event will produce a certain response to the action in the form of another event. The cause portion of cause and effect is the “why” it is happening portion. The effect portion of cause and effect refers to “what” is happening.

In order to get to the root of a problem it is often important to understand the relationship of cause and effect.

Finding the cause of something quickly is often crucial, especially if it is life threatening. Medical experts are called in to address the issue immediately.
Legal solutions to problems may not be life threatening but often require the discovery of causation.

While in law school I was introduced to many legal concepts regarding causation. I learned there are two general types of causation in the law; cause-in-fact and proximate (or legal) cause. As law students, in order to understand the cause-in-fact concept, we would us a simple test. It was called the “but-for” test” : but for a certain action, the result would not have happened. For example, but for a driver running a red light, a collision would not have occurred.

In the law, a proximate cause is an effect sufficiently related to a legally recognizable injury to be held in the cause of that injury. For any act to cause a harm, both the cause-in-fact and proximate cause test must be met.
But there were also concepts of causation with regards to legal defenses. If there is a cause that is unforeseeable, it may absolve someone of liability.

For example if a person has carelessly spill gasoline near a pile of cigarette butts in an alley behind a restaurant, the fact that a restaurant patron later carelessly threw a cigarette butt into the gasoline, the gasoline would still be deemed a foreseeable cause and would not absolve the person who spilled the gasoline even though the cigarette butt sparked a fire. However, if the restaurant patron intentionally threw the cigarette butt into the gasoline, because he wanted to see it ignite, this intentional act would likely be unforeseeable and therefore a superseding cause.

However both the act and the injury must be unforeseeable. For instance, if a contractor was responsible for fencing or marking a hole in the ground where construction work is taking place, and negligently fails to do so while a subcontractor is working in the hole. Then a driver negligently does not take his or her medication before driving and drives into the unmarked hole, injuring the subcontractor, the contractor would most likely still be liable for the injury to the subcontractor even in light of the intervening negligent act (failure to take medication/bad driving) of the driver. This is because even though the negligent act of the driver is not foreseeable, the fact of the injury is foreseeable (a car falling into a hole because there is no fencing).

There are proximate factors and ultimate factors related to cause and effect in all the areas of our lives. Cause and effect have often been referred to as a part of a universal law known as the universal law of cause and effect.

There are other universal laws that have similar characteristics to the law of cause and effect. Newton’s 3rd law of motion, for example can be stated this way: There is an equal and opposite reaction to every action. Although it is not identical to the concepts of cause and effect, this scientific law is soundly based in a similar principle of action and reaction.

A lot of people I know are going though hard times and are facing problems that are hard to comprehend or explain. Life has its share of not fair.

During these times "because" doesn't seem like a good enough answer. But sometimes "because" is really the only answer.

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