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Posts Tagged ‘Theories of Causation’

Relevant theory of causation

For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Mezguer considers that criminal law is only interested in causes that are adequate to produce the result, however for him, the determination of the adequacy of the case operates in a strictly legal level, based on the criminal. To Mezguer causal equivalence of all conditions does not imply its legal equivalent, thus separating the phenomena of causation and responsibility. (Vargas Gonzalez et al, op.cit, p. 48). Read the rest of this entry »

Individualizing theories

With this name is sought to package a set of criteria that limit the extent of chasing the equivalence of conditions. It aims to select in each case the factor is decisive in achieving the result and differentiating between cause and conditions. The conditions are considered mere circumstances companions. One cause could be the most effective condition or the last condition that precedes the outcome or the most predominant or decisive response is considered its essence and manifestation. (Vargas Gonzalez et al, 1998, pp. 41-42).

Theory of the adequacy

The most important attempt to limit causality attributable to objectively was carried out through the theory of adequacy.

The theory of adequacy does not replace the equivalence, but only removes the equivalence of all conditions. According to the theory of adequacy, a causation is only legally relevant but it is not unlikely. (Jakobs, op. P. 107).

In the legal sense, only causal criminal conduct that has a general tendency to cause the typical result, while the conditions that have triggered only by chance the result is legally relevant. (Jakobs, op. P. 131). Read the rest of this entry »

This theory is called theory of conditio sine qua non, understood the Latin “essential” or “precondition”, the formula conditio sine qua non is a mechanism to assign a cause factor category. The conditio sine qua non means that an event causes a result, when you mentally can not be deleted without the mentioned result disappears (Reyes Alvarado, op.cit, p.10).

For example in the case of occurrence of an assault on a bench, if mentally suppress the incursion of armed robbery offenders and stolen money doing, removed a result of the divestment to configure the robbery. It would not even remotely in mind, the causation of the outcome by the manager who opened the bank that morning. (Vargas Gonzalez et al, op.cit, pp. 35-36). Read the rest of this entry »

This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions.
v Individualizing theories.
v Theory of adequacy.
v Theory of adequate causation.
v Relevant theory of causation.
v Theory the ban back.
v Theory of causation.

The following explains the main features of each of the theories mentioned above.

Theory of equivalence of conditions

The theory of the equivalence of conditions is becoming known in Germany from 1843, with Stuart Mall Years later the theory is developed by Von Buri in 1873. Von Buri understand that not only the sum of a variety of elements is cause of a phenomenon, but also each of these forces individually considered in turn causes an outcome. (Reyes Alvarado, op.cit, p.41). The doctrine of the time came to explain that all conditions for the production of an outcome is both the cause of it, so any condition is equivalent to a cause and then comes, just the name of the theory. (Vargas Gonzalez et al, 1998, p.34). Read the rest of this entry »