Broken brakes and dreaming drivers: the heuristic value of causal models in the law
Research output: Contribution to journal › Research article › Contributed › peer-review
Contributors
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 language | English |
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Article number | 5 |
Journal | European Journal for Philosophy of Science |
Volume | 14 |
Issue number | 1 |
Publication status | Published - Mar 2024 |
Peer-reviewed | Yes |
External IDs
Scopus | 85182991811 |
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Mendeley | af981c56-ea90-3c0e-87de-ababd415a1a1 |
Keywords
ASJC Scopus subject areas
Keywords
- Actual causation, Causal models, Causal redundancy, Double prevention, Legal cases