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)

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)

In this paper, we present an approach to commonsense causal explanation of stories that can be used for automatically determining the liable party in legal case descriptions. The approach is based on, a core ontology for law that takes a commonsense perspective. Aside from our thesis that in the legal domain many terms still have a strong commonsense flavour, the descriptions of events in legal cases, as e.g. presented at judicial trials, are cast in commonsense terms as well. We present (...) design principles for representing commonsense causation, and describe a process-based approach to automatic identification of causal relations in stories, which are described in terms of the core ontology. The resulting causal explanation forms a necessary condition for determining the liability and responsibility of agents that play a role in the case. We describe the basic architecture and working of, the demonstrator we are constructing to test the validity of our process oriented view on commonsense causation. This view holds that causal relations are in fact abstractions constructed on the basis of our commonsense understanding of physical and mental processes. (shrink)

Based on the paradigm of Constructive Descriptions and Situations, we introduce NIC, an ontology of social collectives that includes social agents, plans, norms, and the conceptual relations between them. Norms are distinguished from plans, and their relations are formalized. A typology of social collectives is also proposed, including collection of agents, knowledge community, intentional collective, and normative intentional collective. NIC, represented as a first-order theory as well as a description logic for applications requiring automated reasoning, provides the expressivity to talk (...) about the contexts (social, informational, circumstantial, and conceptual), in which collectives make and produce sense within the interplay of plans and norms. (shrink)