• 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