Value philosophical category of causality in criminal law research: tradition and modernity
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
Modern criminal law Ukraine are increasingly drawn to the study of causality of criminal behavior and problems liability if the determining of other forms of communication. The philosophical category of causality is the basis of doctrinal justification of criminal law grounds of criminal responsibility for the crime. Category causality is general in nature and related to the problem of freedom and responsibility. Obviously, in these philosophical positions contained justify the importance and uniqueness of the category of causality in criminal law theory. Criminal law at this stage needs to clarify and deepen knowledge of the philosophical category of causality. Establishing causation is essential to the reasoned bringing the perpetrator to justice, which is why criminal law science is destined to appeal to philosophical categories, including determination, cause, consequence, freedom and so on. By the present criminal law in such a position prevails: the question of causal link – a general philosophical questions, and only on the basis of general philosophical views, it can be resolved in the criminal law. Criminal law does not solve the problem of causality and responsibility, so do not create much notion of causation independent of the philosophical concept of causality. However, it should accept that criminal law has its own separate subject, so use categories and concepts of other sciences unchanged and unsuitable for their tasks can not form. In addressing directly the relationship between the concepts analyzed most of the philosophical concepts of causality based on the fact that causality is the main and special form of determination by nature – that one event (cause) creates another (effect) under certain conditions. Causality is smaller than the notion of determinism, though its basic form, because almost by chance early twentieth century idea of determinism reduced to causality. In philosophy and criminal law cases are mixing categories determinism and causality. The concept of determinism and causality content is not synonymous, so use them as identical not appropriate either in philosophy or in criminal law. In the philosophy of the resulting scientific knowledge held to recognize the evolution of causality only form of determinism to its isolation as the main form, but not alone. This is an active causal disclose the nature of the determination. In modern criminal law science prevailing understanding of causality as the main form of determinism. Traditionally and in modern conditions of criminal jurisprudence dominant position is that the basis of criminal law understanding of causation must be philosophical doctrine of causality as the doctrine of objective laws of nature and society.
Authors and Affiliations
Oksana Kvasha
Keywords
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