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Zusatztext It is clear that proof of causation will continue to present new challenges, and by drawing together analysis from a range of perspectives this collection makes an invaluable contribution to understanding those challenges and to developing solutions for them. Informationen zum Autor Richard Goldberg is Professor of Law at Durham University, UK. Klappentext The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists. Zusammenfassung This book examines the law of causation, and how British law should seek to influence and be influenced by developments in other countries. Inhaltsverzeichnis PERSPECTIVE I: THE LAW 1. Causation Rt Hon Lord Hoffmann 2. Risky Business: Causation in Asbestos Cancer Cases (and Beyond?) Joseph Sanders 3. Developing Causal Doctrine Martin Hogg 4. Causation, Politics and Law: The English - and Scottish -Asbestos Saga Jonathan Morgan 5. Inferring Cause In Fact and the Search for Legal 'Truth' Russell Brown 6. Causation in French Law: Pragmatism and Policy Duncan Fairgrieve and Florence G'sell-Macrez PERSPECTIVE II: SCIENTIFIC EVIDENCE 7. The Role of Scientific and Statistical Evidence in Assessing Causality A Philip Dawid 8. Using Scientific Evidence to Resolve Causation Problems in Product Liability: UK, US and French Experiences Richard Goldberg 9. Biostatistics and Causation in Medicinal Product Liability Suits Peter Feldschreiber, Leigh-Ann Mulcahy and Simon Day 10. Proving Causation: Probability versus Belief Richard W Wright 11. Liability for Future Harm Ariel Porat and Alex Stein 12. Scientific and Medical Evidence in Causation Decisions: The Australian Experience Ian Freckelton 13. The Challenge of Developing Science for the Law of Torts Carl F Cranor PERSPECTIVE III: LEGAL THEORY 14. T he NES Account of Natural Causation: A Response to Criticisms Richard W Wright 15. NESS for Beginners Chris Miller 16. T he MMTS Analysis of Causation Ho...
