Causal Analysis and the Legal Process (From Research in Law and Sociology, Volume One, P 201-227, 1978, Rita J Simon, ed.)

• NCJ Number: 73177
• Author(s): S Nagel; M Neef
• Date Published: 1978
• Length: 27 pages
• Sponsoring Agency: US Dept of Justice; University of Illinois; Ford Foundation Public Policy Cmtte; US Dept of Justice NIJ Pub
• Sale Source: Jai Press, Inc
• Language: English
• Country: United States of America

Annotation

This article aims to demonstrate some basic concepts and methods for determining the existence of causal relations in the making and applying of law by legislatures, courts, and administrative agencies.

Abstract

Examples are provided to illustrate three different types of causal analysis. The first type includes situations where the relation between an input variable and an output variable is shown to be noncausal by controlling for a third variable. The second type includes situations where one input causes the output, but the ouput has feedback causation on the input. Legal processes usually involve a combination of diverse forms of causation. Examples of input include a judge's party affiliation and political beliefs. Examples of output include case adjudications and an attorney's decision to defend an unpopular client. A judge's residence in an urban area an example of an intervening input variable. Better understanding and more widespread use of the concepts and methods of causal analysis are needed in legal research. The Diagrams, footnotes, 25 references, and an appendix summarizing the major principles in causal analysis are provided.