Perspectives on Causation

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.

Auteur

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

Contenu

PERSPECTIVE I: THE LAW

1. Causation
   Rt Hon Lord Hoffmann
2. Risky Business: Causation in Asbestos Cancer Cases (and Beyond?)
   Joseph Sanders
3. Developing Causal Doctrine
   Martin Hogg
4. Causation, Politics and Law: The English - and Scottish -Asbestos Saga
   Jonathan Morgan
5. Inferring Cause In Fact and the Search for Legal 'Truth'
   Russell Brown
6. Causation in French Law: Pragmatism and Policy
   Duncan Fairgrieve and Florence G'sell-Macrez
   PERSPECTIVE II: SCIENTIFIC EVIDENCE
7. The Role of Scientific and Statistical Evidence in Assessing Causality
   A Philip Dawid
8. Using Scientific Evidence to Resolve Causation Problems in Product Liability: UK, US and French Experiences
   Richard Goldberg
9. Biostatistics and Causation in Medicinal Product Liability Suits
   Peter Feldschreiber, Leigh-Ann Mulcahy and Simon Day
10. Proving Causation: Probability versus Belief
    Richard W Wright
11. Liability for Future Harm
    Ariel Porat and Alex Stein
12. Scientific and Medical Evidence in Causation Decisions: The Australian Experience
    Ian Freckelton
13. The Challenge of Developing Science for the Law of Torts
    Carl F Cranor
    PERSPECTIVE III: LEGAL THEORY
14. T he NES Account of Natural Causation: A Response to Criticisms
    Richard W Wright
15. NESS for Beginners
    Chris Miller
16. T he MMTS Analysis of Causation
    Horacio Spector
17. Causing the Behaviour of Others and Other Causal Mixtures
    Roderick Bagshaw
18. Law's Approach to Harm in the Context of Scientific Uncertainty: Observations from the Perspectives of Precaution and Indeterminate Causation
    John Paterson