نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Under traditional civil liability, establishing liability hinges upon proving harm, a wrongful act, and a causal link. However, the complexity of modern environmental and technological hazards challenges scientific certainty in proving causation. Adopting a descriptive-analytical approach grounded in Niklas Luhmann’s social systems theory, this study re-examines causation under uncertainty. The findings demonstrate that the legal system, as an operationally closed and self-referential system, constructs causation not as an empirical discovery of physical reality, but as an internal mode of “observation” and a communicative mechanism for “normative attribution.” Consequently, scientific uncertainty does not impede law’s regulatory function. In an ex-ante horizon (prior to harm materializing), the system utilizes normative decision programs, such as the precautionary principle, to enable normative attribution. To prevent the indeterminate expansion of liability, this attribution is constrained by limiting criteria, notably a material increase in risk. This approach offers a legitimate foundation for sustaining the normative capacity of law in managing contemporary risks
کلیدواژهها English
