 Consider this last question in light of two well-known sorts of legal cause cases. It is a time-honored maxim of criminal and tort law that “you take your victim as you find him”. Standard translation: no matter how abnormal may be the victim’s susceptibilities to injury, and no matter how unforeseeable such injuries may therefore be, a defendant is held to legally cause such injuries. Hit the proverbial thin-skulled man, and you have legally caused his death if he dies, no matter how rare his condition might be. This is hard to square with the harm-within-the-risk test. A defendant who intends to hit or to cut does not necessarily (or even usually) intend to kill. A defendant who foresees that his acts will cause the victim to be struck or cut, does not necessarily (or even usually) foresee that the victim will die. A defendant who negligently risks that his acts will cause a victim to be struck or cut is not necessarily (or even usually) negligent because he risked death.