Rethinking Causation in English Criminal Law



Firkins, Grant
(2023) Rethinking Causation in English Criminal Law. The Journal of Criminal Law, 87 (1). pp. 18-38.

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Abstract

<jats:p> This article challenges English criminal law's approach to causation. In doing so, it proposes replacing the standard tests of causation with a single test, known as ‘INUS’ causation – where a cause is an insufficient but necessary part of an unnecessary but sufficient condition. It argues that the standard tests represent a normative exercise in finding the defendant (D) responsible for a prohibited outcome, often grounded only in D's moral responsibility for that outcome. This approach is problematic because moral responsibility is irrelevant to causal responsibility; and not distinguishing causal responsibility from moral responsibility results in inappropriate criminal-responsibility ascription for result crimes. INUS would provide a single, non-normative test of causation; a metaphysical one that offers a robust causal enquiry that focuses only on causal responsibility, which contributes appropriately to criminal-responsibility ascription. INUS would also yield practical benefits. It would be able to engage with causal enquires in a broader range of cases on a more principled, clear and consistent basis. </jats:p>

Item Type: Article
Uncontrolled Keywords: Insufficient but necessary part of an unnecessary but sufficient condition, causation, moral responsibility, criminal responsibility, culpable wrongdoing, causal responsibility
Divisions: Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User: Symplectic Admin
Date Deposited: 03 Mar 2023 10:52
Last Modified: 08 Mar 2023 21:03
DOI: 10.1177/00220183231151918
Open Access URL: https://doi.org/10.1177/00220183231151918
Related URLs:
URI: https://livrepository.liverpool.ac.uk/id/eprint/3168728