‘Justifying Liability without Proof of Causation’

Emmanuel Voyiakis, Causation and Opportunity in Tort, 38 Oxford Journal of Legal Studies 26 (2018). In ‘Causation and Opportunity in Tort’, Emmanuel Voyiakis offers a thought-provoking analysis of some of the field’s classic causation problems. His focus is upon situations where the crux of the causal difficulty is epistemic – for some reason or other, we don’t have enough evidence to attribute causality of a particular claimant’s damage to a particular defendant’s conduct according to the civil standard of proof. To understand Voyiakis’ approach, it’ll be useful to consider his analysis of a case and contrast it with that of some other prominent theoretical frameworks … (more)

[Sandy Steel, JOTWELL, 11 May]

First posted 2018-05-11 11:37:51

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