Perspectives on Causation

Richard Goldberg

• Publisher: Hart Publishing
• Year: 2011
• Print ISBN: 9781849460866
• eBook ISBN: 9781847318428
• Edition: 1
• Topic: Law
• Subtopic: Tort Law
• Index: Law

The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Table of contents

• Cover
• Prelims
• Foreword
• Preface
• Contents
• Notes on the Contributors
• Introduction
• Perspective I: The Law
• 1. Causation
• 2. Risky Business: Causation in Asbestos Cancer Cases (and Beyond?)_
• 3. Developing Causal Doctrine
• 4. Causation, Politics and Law: The English - and Scottish - Asbestos Saga
• 5. Inferring Cause in Fact and the Search for Legal 'Truth'
• 6. Causation in French Law: Pragmatism and Policy
• Perspective II: Scientific Evidence
• 7. The Role of Scientific and Statistical Evidence in Assessing Causality
• 8. Using Scientific Evidence to Resolve Causation Problems in Product Liability: UK, US and French Experiences
• 9. Biostatistics and Causation in Medicinal Product Liability Suits
• 10. Proving Causation: Probability versus Belief
• 11. Liability for Future Harm
• 12. Scientific and Medical Evidence in Causation Decisions: The Australian Experience
• 13. The Challenge of Developing Science for the Law of Torts
• Perspective III: Legal Theory
• 14. The NESS Account of Natural Causation: A Response to Criticisms
• 15. NESS for Beginners
• 16. The MMTS Analysis of Causation
• 17. Causing the Behaviour of Others and Other Causal Mixtures
• 18. Law's Approach to Harm in the Context of Scientific Uncertainty: Observations from the Perspectives of Precaution and Indeterminate Causation
• Table of Cases
• Table of Legislation
• Statutory Instruments
• Index