Title of article
Issues of causation in homicide decisions of the Qing Board of Punishments from the eighteenth and nineteenth centuries
Author/Authors
MacCormack، Geoffrey نويسنده ,
Issue Information
روزنامه با شماره پیاپی سال 2010
Pages
26
From page
285
To page
310
Abstract
This paper explores in decisions of the Qing Board of Punishments the
importance of the identification of the “cause of death” for the allocation
of liability in cases of homicide. The Board’s preoccupation with the issue
of causation is discussed through its use of three formulae which express in
different ways the causal link between the elements in the chain of causation
culminating in death: yin/you . . . so zhi (“cause . . . as a result of
which”), zui zuo so you/yin (“offence liable that which causes”), and
zhaoxin (“beginning of the trouble”). Some remarks are added on the
relationship between the concepts of “causation” and “fault” in the historical
development of the traditional Chinese law of homicide.
Journal title
Bulletin of the School of Oriental and African Studie
Serial Year
2010
Journal title
Bulletin of the School of Oriental and African Studie
Record number
653544
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