Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)

Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)

This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.

Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)