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Arguing about causes in law: a semi-formal framework for causal arguments

Rūta Liepiņa, Giovanni Sartor, Adam Wyner Orcid Logo

Artificial Intelligence and Law, Volume: 28, Issue: 1, Pages: 69 - 89

Swansea University Author: Adam Wyner Orcid Logo

Abstract

In legal argumentation and liability attribution, disputes over causes play a central role. Legal discussions about causation often have difficulty with cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. We first assess three theories of causation. Then we introduce a...

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Published in: Artificial Intelligence and Law
ISSN: 0924-8463 1572-8382
Published: Springer Science and Business Media LLC 2020
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa49685
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Abstract: In legal argumentation and liability attribution, disputes over causes play a central role. Legal discussions about causation often have difficulty with cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. We first assess three theories of causation. Then we introduce a semi-formal framework to model causal arguments using both strict and defeasible rules. We apply the framework to the Althen vaccine injury case. Wrapping up the paper, we motivate a causal argumentation framework and propose to integrate current theories of causation.
Keywords: Artificial Intelligence, Legal Reasoning, Defeasible Reasoning
College: Faculty of Science and Engineering
Issue: 1
Start Page: 69
End Page: 89