Article
Causal Apportionment: Reply to the Critics
The Journal of Legal Studies
(1986)
Abstract
In an article appearing in the Columbia Law Review we outlined a theory of liability apportionment based on the idea of relative causal contributions. David Kaye and Mikel Aickin have recently commented on our system in this Journal. Their criticism, however, is based on a significant misunderstanding of the theory. Indeed almost every problem they have with our apportionment formulas is rooted in a failure to appreciate the nature of probabilistic causation.
Keywords
- probabilistic causation,
- apportionment,
- relative responsibility,
- creation of risk
Disciplines
Publication Date
January, 1986
Citation Information
Mario J Rizzo and Frank S. Arnold. "Causal Apportionment: Reply to the Critics" The Journal of Legal Studies Vol. 15 Iss. 1 (1986) p. 219 - 226 ISSN: 0047-2530 Available at: http://works.bepress.com/mario_rizzo/60/