Abstract

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Title:: Theory and practice of non-determinism on identifying the causation in personal tort

Author(s):: YANG Tian-hong; School of Law, Chongqing University, Chongqing 400044, China

Keywords:: causality; non-determinism; the loss of a chance; epidemiology causality; quantum mechanics

Abstract:: The paper analyzes the philosophical and social basis of the non-determinism on identifying causation in personal tort. Under the impact on quantum mechanics, the causation in philosophy has changed from determinism to the non-determinism, and so does the causation in the science of law, which shows in the loss of a chance doctrine of medical tort in the field of personal tort and the doctrine of epidemiology causality in environmental tort. However the non-determinism on identifying the causation is not suitable for all the cases, while determinism is still the mainstream in current jurisprudential research and law practice.