PPRuNe Forums - View Single Post - Academic argument over concepts of 'guilt' in law after an aviation accident
Old 9th Oct 2007, 07:05
  #8 (permalink)  
aviadornovato
 
Join Date: Sep 2007
Location: Timbuctu
Posts: 27
Likes: 0
Received 0 Likes on 0 Posts
* he misunderstands the legal concept of guilt, which contrary to what he says is not a "legal consequence of causality",

I will answer just because you are insisting on this, although I know my post will probably be deleted. And it is really an innapropriate place to discuss this kind of subject.

But anyway:

guilt in a broader sense is, along with other meanings, a breach of conduct.

In continental law systems guilt is a term used both in criminal and civil cases (with a distinction between intention - dolus - and "culpa strictu sensu" in criminal cases), in common-law systems it is more common to see the term used in criminal cases, although technically guilt is also a necessary step in almost all civil cases (putting aside objective liability).

Ok, let us say that in many cases guilt is a consequence of causality. Not in all cases.

In the examples I gave YES guilt is a legal consequence of causality as without the act or ommission being a cause of something one is being accused of being "guilty" there isn't that specific breach of conduct (or wrongful conduct) although there might still be another one.

Example:

1 - The drunk driver that causes an accident in which some other people die.

For him to be guilty of killing those other people our dear prosecutor has to prove that the accused being drunk while driving was the cause of the accident.

2- The drunk driver being accused of .... driving while drunk

In this case you don't need causality.

There are some wrongful conducts that are expressed in themselves...You don't need the results... Others demand a result - murder, for instance. And then guilt is a consequence of a relation of causality between the accused's ommission or action AND the circumstance which he is being accused of being guilty of.


Maybe this became clear now...


if he wants to reduce causality to correlation (Hume's "constant conjunction") then he is going to have trouble explaining the causality in aircraft accidents. To have correlation, you need many similar events with similar conjunctions. Aircraft accidents are by and large unique, so it is all but impossible to establish correlation. That is why accident investigation agencies and people like ourselves use the Counterfactual Test.
Ok,

Aircraft accidents are unique and strangely surprising is the fact that their causes are in general not so frequent circumstances in aviation too...

Or are we all dead when airborne ?

Do you get my point ?

Last edited by aviadornovato; 9th Oct 2007 at 07:25.
aviadornovato is offline