Chapter

Causation and the Principles of Punishment

H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0016
Causation and the Principles of Punishment

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It is plain that something more elaborate than the simple combination of mens rea and sine qua non is required in a substitute for or analysis of ‘proximate cause’ that caters for the complexity of the facts and accords with the main trends of decision. Two positions of this sort have been worked out in some detail by American jurists, considered in the first two sections of this chapter. The first section discusses causation and imputation. The second section considers the draft American Model Penal Code. Meanwhile, the third section examines the scope of criminal liability.

Keywords: punishment principles; causation; imputation; American Model Penal Code; criminal liability

Chapter.  8332 words. 

Subjects: Jurisprudence and Philosophy of Law

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