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What is a cause of action? TM  Rate Topic 
 Posted: Sat Jun 29th, 2019 07:12 pm
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Joe Kelley

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6408
The Metaphor of Standing and the Problem of Self-Governance Steven L. Winter
"86. The source of the term "cause of action" lies in these source-path-goal metaphors. The plaintiff's proof of the causal source-path-goal metaphor is the cause of the court's action: the remedial order. Cf J. VINING, supra note 27, at 15. The use of the source-path-goal metaphor is also reflected in our description of the judicial event as a proceeding. The "stuff" of such proceedings are legal rights: a word that derives from the Latin rectus or "straight." For more on the metaphoric implications of the notion of rights, see Winter, supra note 66."

In my study I have constructed a similar metaphor as such:

Individuals (or groups with a common interest) will either defend themselves (and others cooperatively, by voluntary association: agreement) or individuals will be consumed by criminals. Therefore the cause of this need for effective defense (which ideally is deterrence before the fact of a crime) is a willful decision made by someone (or some group) to consume (injure) a victim or many victims.

Therefore a cause of action is a cause created by criminals, and the action is to defend against that cause for that defense.

If there are no criminals, if instead everyone will, by natural laws, live and let live, never willfully choosing to cause injury to anyone with malice aforethought, or with calculated efficiency to reach the goal of consuming the life of the targeted victim, then there is no cause for any actions in defense against a clear and present danger that does not exist.

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