 Let us examine, then, this fourth policy-based proximate cause test, the misleadingly labeled “harm-within-the-risk” test. Like the foreseeability test, this test purports to be a test of legal cause that is universally applicable to all tort and criminal cases. This test, too, is justified on policy grounds and does not pretend to have anything to do with factual or scientific causation. Doctrinally, however, the test differs from a simple foreseeability test.