Overview

This text explores one of the most profound yet vexing issues in law: how to accommodate advances in the medical and scientific understanding of causation within the province of law. It provides a framework for analysis of different theories of medical, scientific and legal causation, as well as modes or tests relating to the proof of causation offered in different forensic and medical contexts. Notions of risk in determining causation in criminal and civil law, the nature of proof in medicine and the law, issues of morality, responsibility and justice in the context of legal causation, as well as aspects of causation pertaining specifically to forensic medicine and coronial law are analyzed from an interdisciplinary perspective.

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9780754622048

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'...it is impressive even to attempt to grapple with this daunting subject and for that academics, and interested practitioners, will give thanks.'New Law Journal 'Causation in Law and Medicine is an interesting, provocative work and a welcome addition to the literature of legal medicine...this book offers a very useful summary of the problem of causation in law and medicine in a wide variety of contexts and from a wide variety of perspectives and is well worth reading. The questions it raises and the thoughts it provokes are central to the quest for justice wherever, and under whatever legal system, it is carried out.' Journal of Legal Medicine '...pays more than the usual lip-service to the need for an approach which transcends the boundaries of law and science...reveals how much more coherent the law in various jurisdictions would become were such a reform to be adopted.' Modern Law Review

'...it is impressive even to attempt to grapple with this daunting subject and for that academics, and interested practitioners, will give thanks.'New Law Journal 'Causation in Law and Medicine is an interesting, provocative work and a welcome addition to the literature of legal medicine...this book offers a very useful summary of the problem of causation in law and medicine in a wide variety of contexts and from a wide variety of perspectives and is well worth reading. The questions it raises and the thoughts it provokes are central to the quest for justice wherever, and under whatever legal system, it is carried out.' Journal of Legal Medicine '...pays more than the usual lip-service to the need for an approach which transcends the boundaries of law and science...reveals how much more coherent the law in various jurisdictions would become were such a reform to be adopted.' Modern Law Review

Author Information

Ian Freckelton, Danuta Mendelson

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