Information and Causation in Tort Law: Generalizing the Learned Hand Test for Causation Cases

Causation in Tort Law: A Comment on Kelman

Causation in Criminal Law

Despite difficulties associated with the law of causation, it could be much clearer than it is. The aim of this paper is to present a framework which provides an acceptable explanation of, and justification for, the pattern of the cases and the statutory provisions. The discussion is intended to cover the criminal law of Australia, Canada, England and New Zealand.

Causation in AI&Law

Reasoning about causation in fact is an essential element of attributing legal responsibility. Therefore, the automation of the attribution of legal responsibility requires a modelling effort aimed at the following: a thorough understanding of the relation between the legal concepts of responsibility and of causation in fact; a thorough understanding of the relation between causation in fact an...

Causation, Statistics, and the Law

More and more, judges and juries are being asked to handle torts and other cases in which establishing liability involves understanding large bodies of complex scientific evidence. When establishing causation is involved, the evidence can be diverse, can involve complicated statistical models, and can seem impenetrable to non-experts. Since the decision in Daubert v. Merril Dow Pharms., Inc. in...

Contrastive Causation in the Law

What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant’s breach of duty must be shown to have caused the plaintiff’s damages, it is not enough to consider what would have happened if the cause had not occurred—the law instructs us to look to a specific replacement for the cause, which in thi...