Probabilistic Causation in the Law - 10.1628/jite-2020-0003 - Mohr Siebeck
Economics

Frederick Schauer, Barbara A. Spellman

Probabilistic Causation in the Law

Volume 176 () / Issue 1, pp. 4-17 (14)
Published 22.01.2020

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This paper challenges the view that the legal system's conception of causationis largely deterministic and token-level because of law's focus on assigning ex post responsibility for past acts. We argue, in opposition, that the probabilistic, ex ante, and type-level conceptions of causation that dominate the social sciences have a larger place in the legal system than is often recognized. Not only does the law frequently use probabilistic conceptions of causation for ex ante rule generation (as opposed to rule application), but probabilistic conceptions also play a substantial role even in the ex post application of legal rules.
Authors/Editors

Frederick Schauer No current data available.

Barbara A. Spellman No current data available.