Upcoming Juristenrunde: Proof of Causation, Proportional Liability and Justice
On December 15, 2010 at 10am Sandy Steel of King's College London and Corpus Christi College Cambridge will be giving a Juristenrunde at the Institute. The abstract is as follows:
'In this paper, I will be concerned with the analysis of situations in which legal systems have made exceptions to their orthodox proof requirements of natural or factual causation in tort law. Such exceptions exist in various forms in England, the United States, Canada, France, Germany, Austria and the Netherlands. Often such exceptions are justified by reference to abstract arguments of justice or fairness. By a "justice argument" I mean (in part) an argument which is not principally based upon considerations of wealth maximization. In this paper, I will try to unpick the different types of justice argument to which appeal is made. I intend to ask whether any of these justice arguments can, first, be given a concrete (doctrinal) form, and, second, whether any of them can be satisfactorily reconciled with the principles of justice embedded in tort law and in the law of evidence. A significant issue will be whether there are any satisfactory justice-based arguments which lead to proportional liability.'
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11/26/2010 12:51:35 PM
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