Causation and uncertainty: Making connections in a time of change

Abstract
This paper considers how tort law should respond to scientific developments that improve our ability to connect toxic exposure to changes in human health. Starting from a normative position that encourages proof of traditional sine qua non causation, the paper suggests an allocation of cases between the tort system and legislatively-created compensation programs. With regard to the latter, the paper sets out guidelines that lawmakers can use when deciding whether to replace tort law. With regard to the former, the paper divides its recommendations into two categories, one for cases where plaintiffs have existing clinical symptoms of disease, and another where plaintiffs have only an increased risk of disease. Recognizing the gray area that exists between these two groups, the paper proposes burdens consistent with traditional causation rules to serve tort law's underlying goals.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Analytics

    Monthly downloads

    Sorry, there are not enough data points to plot this chart.

    Added to index

    2009-01-28

    Total downloads

    1 ( #306,343 of 1,089,155 )

    Recent downloads (6 months)

    0

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.