법학의 인과관계 이론에 관한 연구
Study on the causal relation theory in jurisprudence
김현철(이화여자대학교)
11권 2호, 481~502쪽
초록
The concept of causal relation is one of the basic concepts in jurisprudence. In Korea, many of criminal legal theorists assert so-called theory of lawful condition. But there is some difficulties for causal relation to be considered with the theory of lawful condition in respect of historical discourses on conceptual and philosophical context. In this work, I'd like to reexamine some problems such as counter-factual hypothesis problem, lawfulness problem, regularity problem, transition problem and languagedependent and theory-dependent problem of causal relation concept.
Abstract
The concept of causal relation is one of the basic concepts in jurisprudence. In Korea, many of criminal legal theorists assert so-called theory of lawful condition. But there is some difficulties for causal relation to be considered with the theory of lawful condition in respect of historical discourses on conceptual and philosophical context. In this work, I'd like to reexamine some problems such as counter-factual hypothesis problem, lawfulness problem, regularity problem, transition problem and languagedependent and theory-dependent problem of causal relation concept.
- 발행기관:
- 한국법철학회
- 분류:
- 법학