Out of the Black Hole : Toward a Fresh Approach to Tort Causation

Document Type

Article

Publication Date

2016

Source Publication

39 Dalhousie Law Journal 561

Abstract

One could be forgiven for experiencing that same sense of resigned bafflement that Churchill had on confronting the equally daunting subject of causation. There are few topics in law that have generated as much literature and as much confusion as causation. Law is little different from other disciplines, like science and philosophy. Although the context and purpose may be different, the struggle is equally torturous and troubled. Indeed, the extent of elucidation and clarity achieved seems to be inversely related to the intensity and extent of analysis offered. For all the effort invested, little progress has been made in either the legal academy or the judicial ranks. Causation remains a veritable black hole that, once entered, can rarely be escaped. It has claimed the scholarly lives of almost all those who presume to have decoded or resolved its pervasive puzzles. In this regard, Churchill escaped relatively unscathed.

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