Existence Of Causation Research Articles

Legal Civil Liability of the Forensic Medicine as a Judicial Expert from a Jurisprudential Perspective

This study dealt with the long-term liability of the forensic medicine expert as a judicial expert. This studyclarifies the concept of civil liability for the judicial expert, the forensic medicine, for the implementation ofit is expertise, through introducing the judicial expert to the forensic medicine, and what is the nature andtypes of this liability, then the study also addressed elements of the civil liability of the forensic medicine.The study concluded that the civil liability of the expert is a tort liability, provided that the elements of thiscivil liability arising from the breach and the occurrence of damage, and the existence of causation where thestrength of this liability is the damage resulting from the expert’s evacuation of the obligations incumbentupon expert.

Chances as Legally Protected Assets

The doctrine of loss of a chance has been deployed by courts jurisdictions in cases presenting causal uncertainty for over a century. In both the civil and common law jurisdictions where it is applied, however, there is debate as to the precise rationale and scope of application of the doctrine. In this working paper we compare theories, cases and practices from four Western European jurisdictions: France, Belgium, the Netherlands and England & Wales. Our methodology departs from a more traditional institutional comparison. We move towards an argument for a version of the theory of loss of chance that could work across jurisdictions. First, we briefly outline the application of the doctrine in the four jurisdictions. Subsequently, we present a typology of current practical application across jurisdictions. Finally, we present a theory of loss of a chance that reduces it to its (logical) core: for a chance to be lost, itmust have been possible for the claimant to ‘possess’ thechanceandthedefendant must have made him lose this chance. Hence, we argue that mere ex post uncertainty on the existence of causation is not sufficient to justify application of the doctrine of loss of chance.

590 Published By: Blue Eyes Intelligence Engineering & Sciences Publication Retrieval Number: E5042018520/2020©BEIESP DOI:10.35940/ijrte.E5042.018520 Journal Website: www.ijrte.org “Financial Sector Development and Pecuniary Growth: Evidence from India and the Republic of Korea”

Pecuniary growth is the basic indicator by which a nation is always acknowledged, we can identify the pecuniary growth by measuring the GDP of the country. A nation is generally regarded as more developed if its growth is more. Simultaneously, overall pecuniary development of any nation takes place. A profusion of works indicates the existence of causation between growth of economy and “financial sector development”. Further an endeavor has been made for exploring the causation amongst financial sector enhancement and development of economy with special reference to India and Republic of Korea. Causality test was employed with the help of VAR. Further in the work it has been found that deepening of financial sector shows unidirectional relationship, financial sector efficiency leads to no causality and financial sector stability shows partial causal relationship with “Pecuniary Growth” in Indian context. While on the other hand, in case of republic of Korea almost no causality was found in financial sector deepening, bidirectional and unidirectional causality in case of financial sector efficiency and partial causality was found in financial efficiency with “Pecuniary Growth”. Thus, vigorous results were evaluated and examined which supported the literature.

Problems of causation in Aquilian's casuistry

Roman lawyers interpreted causation in a very specific way, without any abstractions or generalisations, existence or non-existence of causation was established in each particular case ( ad hoc). They did not establish the existence of the causation between an act of a tortfeasor and a harmful result, but causation had to exist between the culpa of the tortfeasor and the result. Initially, it was necessary for the causation to be direct, made with active doing body to body (damnum corpori corpore datum). With the time, the narrow understanding of causation was overcome and indirect causation started to be appreciated, while the human behavior could exclusively be omissive. Aquilian's casuistry is very rich with the cases of problematic causation. Meanwhile, these elementary rules for resolving a particular case in practice proved insufficient and incomplete, since unique life circumstances had created a need for a more complex view of causation.

The quantification of alcohol‐caused morbidity and mortality in Australia: a critique *

One of the more controversial conclusions of the Commonwealth Department of Community Services and Health's report on The quantification of drug caused morbidity and mortality in Australia 1988 is that alcohol "causes" about 5% of all deaths in Australia. Against the background of this conclusion, this paper reviews current concepts of what constitutes a causal relationship and how the existence of causation is diagnosed in a nonexperimental setting. The conclusion of the report appears to rest on the assumption that all differences in disease rates between users and non-users of alcohol (or other drugs) are causal in nature--an assumption which is tantamount to equating statistical association with causation. Moreover, the estimate of alcohol-caused deaths, derived from the summation of alcohol-caused deaths from a large number of medical conditions, is at considerable variance with an estimate of total alcohol-caused deaths computed directly from total death rates. The latter estimate actually indicates that alcohol prevents more deaths than it causes in the population as a whole, a conclusion that is compatible with the findings of several recent large cohort studies, from which it is in fact derived. The discrepancy between the two estimates casts doubt on the validity of the assumptions underlying the methodology that has been applied.