 This problem does not so obviously infect the next two policy-based proximate cause tests, the foreseeability and the harm-within-the-risk tests. For those tests do seek to describe a factual state of affairs that plausibly determines both moral blameworthiness and connects a defendant’s culpability to particular harms. These tests are thus serving the kinds of policies that must be served by the concept of causation in justice-oriented theories of criminal law and of torts. Their novelty lies in their relocation of how and where legal causation determines fault. On these theories, “legal cause” is not a refinement of an admitted desert-determiner, true causation; it is rather a refinement of another admitted desert-determiner, culpable state of mind.