ABSTRACT
Causation is a key concept in the law. Legal theorists typically presuppose that a concept of cause in the law is autonomous from that used in philosophy. This is partly because causal claims in the law are constrained by legal rules about liability, while causal claims elsewhere are not. In this chapter, we argue against causal autonomy in the law. We begin with an examination of the bifurcation approach to causation in the law. We then argue that a slightly modified version of Evidential Pluralism can shed light on causation in the law. This modification requires considering what we call ‘liability-tracing mechanisms’ in place of regular mechanisms. Finally, we conclude that the concept of causation in the law should not be construed as entirely autonomous from that analysed by philosophy.
