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Perspectives on Causation

Editat de Richard Goldberg
en Limba Engleză Hardback – 20 oct 2011
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.
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Specificații

ISBN-13: 9781849460866
ISBN-10: 1849460868
Pagini: 478
Dimensiuni: 171 x 244 x 32 mm
Greutate: 0.96 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book is the result of a conference held at the University of Aberdeen which was concerned with the law of causation in the UK, Commonwealth countries and the US.The distinguished group of international experts who have contributed paper 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.The book will serve as a focal point for the study of this important area of law.The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmacuetical and bioscience sectors, physicians and scientists.

Notă biografică

Dr Richard Goldberg is Reader in Law at the University of Aberdeen.

Cuprins

PERSPECTIVE I: THE LAW 1. Causation Rt Hon Lord Hoffmann2. Risky Business: Causation in Asbestos Cancer Cases (and Beyond?) Joseph Sanders3. Developing Causal Doctrine Martin Hogg4. Causation, Politics and Law: The English - and Scottish -Asbestos Saga Jonathan Morgan5. Inferring Cause In Fact and the Search for Legal 'Truth' Russell Brown6. Causation in French Law: Pragmatism and Policy Duncan Fairgrieve and Florence G'sell-MacrezPERSPECTIVE II: SCIENTIFIC EVIDENCE 7. The Role of Scientific and Statistical Evidence in Assessing Causality A Philip Dawid8. Using Scientific Evidence to Resolve Causation Problems in Product Liability: UK, US and French Experiences Richard Goldberg9. Biostatistics and Causation in Medicinal Product Liability Suits Peter Feldschreiber, Leigh-Ann Mulcahy and Simon Day10. Proving Causation: Probability versus Belief Richard W Wright11. Liability for Future Harm Ariel Porat and Alex Stein12. Scientific and Medical Evidence in Causation Decisions: The Australian Experience Ian Freckelton13. The Challenge of Developing Science for the Law of Torts Carl F CranorPERSPECTIVE III: LEGAL THEORY 14. T he NES Account of Natural Causation: A Response to Criticisms Richard W Wright15. NESS for Beginners Chris Miller16. T he MMTS Analysis of Causation Horacio Spector17. Causing the Behaviour of Others and Other Causal Mixtures Roderick Bagshaw18. Law's Approach to Harm in the Context of Scientific Uncertainty: Observations from the Perspectives of Precaution and Indeterminate Causation John Paterson

Recenzii

...highly recommended for those looking for an overview of contemporary scholarship on causation in law.
Perspectives on Causation is an excellent volume of essays. It contains several important contributions to each of the three (partly overlapping) "perspectives" which comprise the book...this volume is a major contribution: anyone working on causation in the law will need to mull over many of its thought-provoking essays. The Supreme Court seems to agree: see Employers Liability Trigger Litigation [2012] UKSC 12 (e.g. per Lord Mance at [62]).
In short, the use of the concept of causation in the law gives rise to philosophical legal and scientific problems. This collection of essays discusses many of these in a very thoughtful way and I believe it is a very constructive contribution to the development of the law in many fields.
It is clear that proof of causation will continue to present new challenges, and by drawing together analysis from a range of perspectives this collection makes an invaluable contribution to understanding those challenges and to developing solutions for them.

Descriere

This book examines the law of causation, and how British law should seek to influence and be influenced by developments in other countries.