This Article considers some of the uses of counterfactuals in the law. Counterfactuals are a type of conditional statement. Conditional statements express the idea that something is or will be the case (the consequent), provided that some other situation is realized (the antecedent). Conditionals often take the form "if p then q", Counterfactuals are conditionals in which the author expresses the knowledge or belief that the antecedent is false.
Place of Original Publication
George Washington Law Review
60 Geo. Wash. L. Rev. 339 (1992)
Strassfeld, Robert N., "If . . .: Counterfactuals in the Law" (1992). Faculty Publications. 373.