2007Unpublished venueRequires access

Logic or Experience——A Comparative Law Analysis of the Criminal Law Causality

Zhou Chun-rong

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Abstract

The two genealogies of law have something different in the practice because of the difference in inherent tradition.However,all kinds of the theories in the two genealogies of law aim at getting around the problem of the extent of punishment being too wide that is possibly brought by the factual cause or the condition theory.The condition theory is the only correct causality theory,while causality is a problem of factual judgment.Even if there is causality,it still does not conform to the crime constitution if the conduct is not implemented or there is no trespass.

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The two genealogies of law have something different in the practice because of the difference in inherent tradition.However,all kinds of the theories in the two genealogies of law aim at getting around the problem of the extent of punishment being too wide that is possibly brought by the factual cause or the condition theory.The condition theory is the only correct causality theory,while causality is a problem of factual judgment.Even if there is causality,it still does not conform to the crime constitution if the conduct is not implemented or there is no trespass.

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Available abstract

The two genealogies of law have something different in the practice because of the difference in inherent tradition.However,all kinds of the theories in the two genealogies of law aim at getting around the problem of the extent of punishment being too wide that is possibly brought by the factual cause or the condition theory.The condition theory is the only correct causality theory,while causality is a problem of factual judgment.Even if there is causality,it still does not conform to the crime constitution if the conduct is not implemented or there is no trespass.

Key concepts: Trespass, Causality (physics), Criminal law, Punishment (psychology), Constitution, Law, Epistemology, Philosophy

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