NCJ Number
130779
Journal
Acta Juridica Academiae Scientiarum Hungaricae Volume: 19 Issue: 1-2 Dated: (1977) Pages: 83-111
Date Published
1977
Length
29 pages
Annotation
This article refers to Marxist philosophy in a discussion of crime causality, determinedness, and the causal law as individual and collective phenomena.
Abstract
Diagrams show the causality mechanism of particular offenses to be complex as it involves a multitude of past and present and objective and subjective factors that interact to produce a particular offense. The author theorizes that the perpetration of a criminal offense is determined by objective conditions that operate through the person. The objective conditions determine the commission of a criminal offense in two respects; the offender is shaped by the objective conditions of the past as well as the objective conditions extant before the commission of the crime. If the crime is regarded as an effect, it will also be in direct relationship with subjective causes. Subjective causes, i.e., the motives and incentives of the offender, derive from the interaction of the offender's will and decisions and the objective factors that have weighted and set the parameters for the offender's decisions. The author discusses the concept that causality is rooted in the past; whereas, the future carries potentialities, probabilities, prognostications, and plans. Regarding the law of causality, the article rejects the doctrine of dynamic and static laws and affirms the existence of a single, unique law. 42 footnotes (Publisher abstract modified)