 Mark Kelman’s skepticism was of this latter kind. Kelman urged that all causal requirements in the law were part of the “liberal myth” of objective criteria for liability, but rather than reciting (yet again) the platitude of the historically situated knower, Kelman actually directed arguments against the law’s cause-in-fact tests, arguments denying that such tests mirrored anything in natural fact. Kelman accurately perceived that the NESS variation of the counterfactual theory was an ineffectual version of it, and he produced some of the criticisms of that variation that others who are not causal skeptics have also pursued. From the perceived failure of this one variation of the counterfactual theory of cause in fact, Kelman concluded that cause in fact itself cannot be a matter of fact (Kelman 1987).