PPRuNe Forums - View Single Post - Academic argument over concepts of 'guilt' in law after an aviation accident
Old 8th Oct 2007, 11:18
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aviadornovato
 
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That shows a confused understanding of the law. "Guilt" is a concept of the criminal law. It is obviously not the case that establishment of causality in, say, civil cases, has as a consequence that somebody has committed a criminal act.
THIS show a confused understanding of law.
Guilt, in the broader sense, is the premiss for liability, not liability itself, and simply means a breach of conduct.

This statement does not make sense. "Guilt" is not a concept which stands alone. One is "guilty of" something, where that something is proscribed by the law. I think what you are talking about here is the concept of "negligence", namely you are talking about someone being accused of some form of negligence ("gross negligence" is a criminal act in U.K. law, for example, but negligence is not) and being, for example in U.K. law, "guilty of gross negligence".
Guilt is a broader concept. Maybe in commom-law countries it is not frequently used in civil cases. But as I said, it simply means someone being deemed to have a breach of conduct. So your thoughts here start from the wrong premiss.

Of course you need a trial and you have to determine causality and whether the fact is proscribed by law to bring consequences or not. This is obvious and I am not discussing it


"Correlation" is a word used of phenomena in repeated events. That phenomenon A correlates with phenomenon B means that in many events, A and B do not occur independently of one another. In contrast, an accident is a unique event. One is best advised to use a concept of causality that does not depend completely on correlation.
If you deny correlation you deny causality.
No correlation to an event, no "cause" within the broader context.

Last edited by aviadornovato; 8th Oct 2007 at 11:38.
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