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Uncertain Causation in Tort Law

$131.00 (C)

Miquel Martín-Casals, Diego M. Papayannis, Jean-Sébastien Borghetti, Bernhard A. Koch, Jane Stapleton, Tsachi Keren-Paz, Michele Taruffo, Susan Haack, Michael D. Green, Joseph Sanders, Andrea Giussani, S. I. Strong
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  • Date Published: November 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107128361

$ 131.00 (C)

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About the Authors
  • This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

    • Comparative approach shows how causal uncertainty problems are solved in different countries
    • Multidisciplinary perspectives provide a broad understanding of the challenges surrounding causal uncertainty and the possible solutions
    • Expresses philosophical arguments in plain terms and at a level which does not require previous philosophical training
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    Product details

    • Date Published: November 2015
    • format: Hardback
    • isbn: 9781107128361
    • length: 350 pages
    • dimensions: 237 x 160 x 25 mm
    • weight: 0.68kg
    • availability: Available
  • Table of Contents

    Introduction Miquel Martín-Casals and Diego M. Papayannis
    1. Litigation on Hepatitis B vaccination and demyelinating diseases in France: breaking through scientific uncertainty? Jean-Sébastien Borghetti
    2. Proportional liability in Spain: a bridge too far? Miquel Martín-Casals
    3. Proportional liability for causal uncertainty: how it works on the basis of a 200-year-old code Bernhard A. Koch
    4. Uncertain causes: asbestos in UK courts Jane Stapleton
    5. Clients' demand-based contribution to trafficking: overcoming causation and attribution difficulties Tsachi Keren-Paz
    6. Proving complex facts: the case of mass torts Michele Taruffo
    7. Correlation and causation: the 'Bradford Hill criteria' in epidemiological, legal, and epistemological perspective Susan Haack
    8. Admissibility versus sufficiency: controlling the quality of expert witness testimony in the United States Michael D. Green and Joseph Sanders
    9. Proof of causation in group litigation Andrea Giussani
    10. Mass torts and arbitration: lessons from Abaclat v. Argentine Republic S. I. Strong.

  • Editors

    Miquel Martín-Casals, Universitat de Girona, Spain
    Miquel Martín-Casals is Full Professor of Civil Law and Director of the Institute of European and Comparative Private Law at the University of Girona.

    Diego M. Papayannis, Universitat de Girona, Spain
    Diego M. Papayannis is a professor of legal philosophy at the University of Girona.


    Miquel Martín-Casals, Diego M. Papayannis, Jean-Sébastien Borghetti, Bernhard A. Koch, Jane Stapleton, Tsachi Keren-Paz, Michele Taruffo, Susan Haack, Michael D. Green, Joseph Sanders, Andrea Giussani, S. I. Strong

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