Broken brakes and dreaming drivers: the heuristic value of causal models in the law

Research output: Contribution to journalResearch articleContributedpeer-review

Abstract

Recently, there has been an increased interest in employing model-based definitions of actual causation in legal inquiry. The formal precision of such approaches promises to be an improvement over more traditional approaches. Yet model-based approaches are viable only if suitable models of legal cases can be provided, and providing such models is sometimes difficult. I argue that causal-model-based definitions benefit legal inquiry in an indirect way. They make explicit the causal assumptions that need to be made plausible to defend a particular claim of actual causation. My argument concerns the analysis of legal cases involving a combination of double prevention and causal redundancy. I show that discussions among legal theorists about such cases sometimes suffer from ambiguous assumptions about the causal structure. My account illustrates that causal models can act as a heuristic tool for clarifying such assumptions, and that causal models provide a framework for more accurate analyses of legal cases involving complex causal structure.

Details

Original languageEnglish
Article number5
JournalEuropean Journal for Philosophy of Science
Volume14
Issue number1
Publication statusPublished - Mar 2024
Peer-reviewedYes

External IDs

Scopus 85182991811
Mendeley af981c56-ea90-3c0e-87de-ababd415a1a1

Keywords

Keywords

  • Actual causation, Causal models, Causal redundancy, Double prevention, Legal cases