modular movements

In the vast realm of fantasy literature, magic is often a prominent element that captures the imagination of readers. However, there are some instances where magic may not play a significant role or even be absent altogether. One such example is the concept of "Catua no magic." Catua no magic refers to a fictional world or setting where magic does not exist. It is a concept that challenges the conventional ideas of fantasy, which commonly revolve around wizards, spells, and enchanted beings. In Catua no magic, the focus shifts to other aspects of storytelling that do not rely on magical elements to create intrigue and captivate readers.

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Or can ritual theory help us see some potential legitimate value in maintaining doctrine as the form of legal decision making, even as we acknowledge doctrine s inability to determine legal outcomes. She organized the exchange portfolio Earth Mother for the SGCI 2020 conference Puertografico , which asks participants to create an original print that considers the intersection of women s rights with environmental issues.

In Catua no magic, the focus shifts to other aspects of storytelling that do not rely on magical elements to create intrigue and captivate readers. In Catua no magic stories, authors often explore alternative ways to create a sense of wonder and excitement. They may delve into rich world-building, emphasizing intricate political systems, cultural diversity, or complex histories.

The Persistence of Proximate Cause: How Legal Doctrine Thrives on Skepticism

This Article starts with a puzzle: Why is the doctrinal approach to “proximate cause” so resilient despite longstanding criticism? Proximate cause is a particularly extreme example of doctrine that limps along despite near universal consensus that it cannot actually determine legal outcomes. Why doesn’t that widely recognized indeterminacy disable proximate cause as a decision-making device? To address this puzzle, I pick up a cue from the legal realists, a group of skeptical lawyers, law professors, and judges, who, in the 1920s and 1930s, compared legal doctrine to ritual magic. I take that comparison seriously, perhaps more seriously, and definitely in a different direction, than the realists intended. Classic anthropological studies reveal several telling structural similarities between traditional proximate cause analysis and ritual magic. Moreover, it seems that in diverse cultural contexts, magic not only survives skeptical exposure, it feeds on it. Drawing on the anthropological literature, I propose that exposing doctrinal indeterminacy functions as a kind of ritual unmasking that ultimately increases rather than diminishes the credibility of doctrinal analyses. The Article concludes by considering how unmasking doctrinal indeterminacy works to strengthen faith in doctrine and by raising some questions about the implications for law’s legitimacy. Does unmasking doctrine only further mask judicial power? Or can ritual theory help us see some potential legitimate value in maintaining doctrine as the form of legal decision making, even as we acknowledge doctrine’s inability to determine legal outcomes?

Keywords: proximate cause, torts, judicial decisionmaking, courts, doctrine, legal realism, new legal realism, magic, ritual, jurisprudence, legal theory, rule of law, doctrinal analysis, legal reasoning, law & anthropology, legal theory, adjudication, performance, sociolegal studies, law & culture, formalism

Suggested Citation: Suggested Citation

Allen, Jessie, The Persistence of Proximate Cause: How Legal Doctrine Thrives on Skepticism (December 1, 2012). Denver University Law Review, Vol. 90, p. 77, 2012, U. of Pittsburgh Legal Studies Research Paper No. 2013-05, Available at SSRN: https://ssrn.com/abstract=2222105

Jessie Allen (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-624-2175 (Phone)
412-648-2649 (Fax)

Keywords: proximate cause, torts, judicial decisionmaking, courts, doctrine, legal realism, new legal realism, magic, ritual, jurisprudence, legal theory, rule of law, doctrinal analysis, legal reasoning, law & anthropology, legal theory, adjudication, performance, sociolegal studies, law & culture, formalism

Characters become the driving force of the narrative, with their unique personalities, relationships, and motivations taking the spotlight. Without the crutch of magic, authors are compelled to rely more heavily on their storytelling skills, crafting intricate plots and engaging dialogue to keep readers enthralled. These stories often explore themes such as bravery, love, friendship, and personal growth, showcasing the human experience without the influence of supernatural abilities. Catua no magic can be seen as a genre within fantasy literature that subverts common expectations. It challenges the notion that magic is an essential component of the genre and demonstrates that a well-crafted story can thrive without magical elements. By doing so, authors can create worlds that feel more grounded and relatable, exploring the triumphs and struggles of their characters in a world not too dissimilar from our own. In conclusion, Catua no magic is a concept within fantasy literature that presents a world devoid of magical elements. It offers a unique storytelling experience, challenging authors to rely on their narrative skills and character development to captivate readers. By exploring themes and building intricate worlds, Catua no magic stories demonstrate that fantasy can be just as compelling and immersive without the presence of magic..

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