Causation in Law as a Subject of Research

Abstract

The paper examines law as an ideal object and an element of social consciousness, introduces the fiction of a reasonable and just legislator, and explores the socio-historical significance of criminal law. Russian legal theory and practice have not developed a generally accepted understanding of causation, which creates a risk of arbitrary and unjust application of the law. This problem can and should be solved within the framework of criminal policy. At the same time, it is necessary to ensure uniform application of the law at least in typical situations. Philosophical, scientific, and everyday understanding of causation should form the basis for understanding causation in law.

However, philosophical and natural scientific concepts of causation are insufficient for establishing causation in legal qualification. The theory of equivalence of conditions allows for the identification of minimal but insufficient signs of causation. The understanding of causation in law must correspond to reasonable criminal policy, taking into account the principle of economy of repression.