The Limits of Probabilistic Causality in Law

Global Jurist 15(1). DOI: 10.1515/gj-2014-0012.

32 Pages Posted: 14 Jan 2015 Last revised: 22 Aug 2019

See all articles by Ignacio Cofone

Ignacio Cofone

McGill University Faculty of Law

Date Written: January 10, 2015

Abstract

There is still controversy regarding what criterion to use to evaluate causality. The law & economics literature proposes the use of probabilistic causality as a superior criterion, suggesting the elimination of binary causality criteria. This led to explanations that violate our intuitions, fail to explain judicial decision-making, and are considered unjust. This paper proposes that neither binary nor probabilistic causality can provide a satisfactory answer for all scenarios. Probabilistic causality works well for general causal claims (types of claims centrally involved in rulemaking) while binary criteria perform better for single causal claims (types of claims commonly addressed by courts).

Keywords: causation, responsibility, probabilistic causality, tort law

JEL Classification: K13, K00

Suggested Citation

Cofone, Ignacio, The Limits of Probabilistic Causality in Law (January 10, 2015). Global Jurist 15(1). DOI: 10.1515/gj-2014-0012. . Available at SSRN: https://ssrn.com/abstract=2548953

Ignacio Cofone (Contact Author)

McGill University Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.ignaciocofone.com

Register to save articles to
your library

Register

Paper statistics

Downloads
50
Abstract Views
339
PlumX Metrics