법학적 인과관계에 관한 탐구 : 인과 판단의 구조에 대한 분석을 중심으로

This study is an attempt to analyze the structure of causal inference of theories on causality in the field of law. The so-called theory of condition based on the covering law model, which occupies the position of the majority theory in our criminal law, has often been introduced along with pointing out the flaws or problems of the traditional theory of conditio sine qua non, and it has been the case that, in specific cases, this theory reveals its limitations in causal inference. However, in terms of the structure of the causal inference, it will be possible to evaluate the theory of condition as an alternative idea to the problem of the conventional attempt to capture the core of the causal relationship through ordinary conditional sentences. Therefore, the general negative evaluation of the theory of condition needs to be reconsidered. Moreover, the conventional idea of causality expressed in conditionals, which had lost its practical significance after the advent of the theory of condition, was again of theoretical interest as the theory of condition based on the covering law model appeared in criminal law and Hempel's empirical theory prevailed in both the fields of philosophy of history and philosophy of science in the early 20th century. This is because the discussion of Engisch and Hempel includes the existence of general laws, or covering laws, which are commonly described in a sufficient condition, as an essential element of the structure of causal inference.