Application of the Causal Model in the Multiplicity of Causes

Authors

Keywords:

Causal model, multiplicity of causes, causation, tort liability, distributive justice

Abstract

This study aims to explain the function of the causal model in analyzing the problem of the “multiplicity of causes” in tort liability. In traditional legal systems, the causal relationship is often determined based on philosophical or customary criteria, requiring the judge to select one cause as the principal factor among several contributing elements. However, in today’s complex social and technical contexts, damages and harmful events usually result from the simultaneous or sequential interaction of multiple factors. In this setting, the causal model serves as a scientific tool capable of quantitatively and empirically explaining the relationships between variables and determining each factor’s actual contribution to the occurrence of harm. The findings indicate that the causal model aligns most closely with the “ordinary cause” theory, as both emphasize the actual and reasonable influence of a factor on the outcome. In contrast, traditional theories such as “prior cause in effect” or “subsequent cause in occurrence” lack the capacity for scientific explanation and prediction of multicausal relationships. Moreover, the causal model can provide a foundation for reforming legislative structures and judicial decision-making by replacing subjective reasoning with data-driven evidence. Therefore, the causal model should not be seen merely as a statistical or analytical instrument but as a comprehensive framework for integrating scientific rationality with legal justice in the law of torts. Overall, employing the causal model in analyzing causation enhances the precision of judicial rulings, improves legislative effectiveness, and promotes distributive justice based on empirical evidence.

References

Calnan, A. (2019). Torts as Systems. Southern California Interdisciplinary Law Journal, 28, 301. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3147117

Coady, A. D. (2002). Testing for Causation in Tort Law. Australian Journal of Legal Philosophy, 27. https://researchoutput.csu.edu.au/en/publications/testing-for-causation-in-tort-law

Holmes, O. W., Jr. (1897). The Path of the Law. Harvard Law Review, 10, 457. https://doi.org/https://doi.org/10.2307/1322028

Kahn, S. (2022). Should Europe Disturb Historians? On the Importance of Methodology and Interdisciplinarity. European Law Journal. https://doi.org/10.1111/eulj.12470

Mansourian, N. A. (2013). Methodology of Indigenization in Law. Quarterly Journal of Legal Research at Shahid Beheshti University, 16(61).

Najimi-Varzaneh, A., & Gholami Fesharaki, M. (2018). Prevalence of Road Traffic Accidents in Iran: A Systematic Review, GIS and Meta-Analysis. Iran Red Crescent Medical Journal, 20(10), e83852. https://doi.org/https://doi.org/10.5812/ircmj.83852

Posner, R. A. (2022). Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution. Case Western Reserve Law Review, 37(2). https://www.scribd.com/document/612586322/Legal-Formalism-Legal-Realism-and-the-Interpretation-of-Statute

Rosenberg, A., & Alexander, B. (2023). Regarding Scientific Explanation.

Safaei, S. H., Badini, H., Abbaslu, B., & Salehi, S. (2018). Criteria for Dividing Responsibility in Cases of Plurality of Causes and Its Transformation in Iranian Law. Quarterly Journal of Judicial Legal Perspectives, 24(84), 30. https://jlviews.ujsas.ac.ir/article_703549.html

Downloads

Publication Timeline

Published
Submitted
Revised
Accepted

Issue

Section

مقالات

How to Cite

Kazemi Vezheh, M. ., & Rahimi, S. A. A. (1405). Application of the Causal Model in the Multiplicity of Causes. Comparative Studies in Jurisprudence, Law, and Politics, 8(1), 1-18. https://csjlp.org/index.php/csjlp/article/view/484

Similar Articles

1-10 of 397

You may also start an advanced similarity search for this article.