What is it about?
Causality plays a crucial role in determining legal responsibility, but establishing causality in a legal case can be incredibly complex. In this paper we examine various causal challenges including scenarios where multiple people might be to blame, or when AI systems are involved. We propose new argumentation schemes to analyse scientific and legal arguments of causes in real cases. This helps us to understand and track the various assumptions and reasoning patterns involved for further analysis.
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Why is it important?
Our findings reveal changes in the presumption of causality in complex legal cases over time. We illustrate how policy-based reasoning influences which events are deemed as legally relevant causes and their effect on traditional legal proof standards. Given the rise in expert evidence in litigation, it is crucial to maintain consistent causality analysis across cases.
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This page is a summary of: Argumentation Schemes for Legal Presumption of Causality, June 2023, ACM (Association for Computing Machinery),
DOI: 10.1145/3594536.3595130.
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