Adventuring With Philosophers
More than a century ago, an early torts scholar (Pollock) wrote that, when it came to causation, lawyers and judges shouldn’t go adventuring with philosophers. Many modern Canadian lawyers and judges are likely more familiar with Sopinka J.’s admonition in Snell v. Farrell against “abstract metaphysical theory” – the claim that causation is “essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract metaphysical theory.” . . . [more]


