Author: Sandy SteelPublisher: Cambridge University Press
ISBN: 1107049105
Category : Law
Languages : en
Pages : 461
Book Description
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Author: Marta InfantinoCausation and Responsibility
Author: Michael S. MoorePublisher: Oxford University Press
ISBN: 0199599513
Category : Law
Languages : en
Pages : 635
Book Description
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Causation in Law and Medicine
Author: Danuta MendelsonPublisher: Routledge
ISBN: 1351953028
Category : Law
Languages : en
Pages : 478
Book Description
Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Causation and Laws of Nature
Author: Max KistlerPublisher: Routledge
ISBN: 1134150687
Category : Philosophy
Languages : en
Pages : 273
Book Description
What is a causal relation? -- Laws of nature and universal generalisations -- Applicability conditions and the concept of strict law -- Consequences -- The nomological theory of causation and causal responsibility -- Efficacious properties and the instantiation of laws -- Causal responsibility and its applications.
Author: Claudio LombardiEvidential Uncertainty in Causation in Negligence
Author: Gemma TurtonPublisher: Bloomsbury Publishing
ISBN: 1509900330
Category : Law
Languages : en
Pages : 442
Book Description
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Unravelling Tort and Crime
Author: Matthew DysonPublisher: Cambridge University Press
ISBN: 1139993356
Category : Law
Languages : en
Pages : 465
Book Description
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
The Oxford Handbook of Causation
Author: Helen BeebeePublisher: OUP Oxford
ISBN: 0191629464
Category : Philosophy
Languages : en
Pages : 816
Book Description
Causation is a central topic in many areas of philosophy. In metaphysics, philosophers want to know what causation is, and how it is related to laws of nature, probability, action, and freedom of the will. In epistemology, philosophers investigate how causal claims can be inferred from statistical data, and how causation is related to perception, knowledge and explanation. In the philosophy of mind, philosophers want to know whether and how the mind can be said to have causal efficacy, and in ethics, whether there is a moral distinction between acts and omissions and whether the moral value of an act can be judged according to its consequences. And causation is a contested concept in other fields of enquiry, such as biology, physics, and the law. This book provides an in-depth and comprehensive overview of these and other topics, as well as the history of the causation debate from the ancient Greeks to the logical empiricists. The chapters provide surveys of contemporary debates, while often also advancing novel and controversial claims; and each includes a comprehensive bibliography and suggestions for further reading. The book is thus the most comprehensive source of information about causation currently available, and will be invaluable for upper-level undergraduates through to professional philosophers.
Causation and Laws of Nature
Author: H. SankeyPublisher: Springer Science & Business Media
ISBN: 9780792359142
Category : Law
Languages : en
Pages : 408
Book Description
Causation and Laws of Nature is a collection of articles which represents current research on the metaphysics of causation and laws of nature, mostly by authors working in or active in the Australasian region. The book provides an overview of current work on the theory of causation, including counterfactual, singularist, nomological and causal process approaches. It also covers work on the nature of laws of nature, with special emphasis on the scientific essentialist theory that laws of nature are, at base, the fundamental dispositions or capacities of natural kinds of things. Because the book represents a good cross-section of authors currently working on these themes in the Australasian region, it conveys something of the interest and excitement of an active philosophical debate between advocates of several different research programmes in the area.
