Wednesday, May 6, 2020
Causation - 1055 Words
When looking at any historical event, it is vital to utilize logic, and not allow pride and other emotions to interfere. In order to understand a historical concept as intricate as, for example, multiple causation, a special, scholarly reasoning must be applied. Rather than trying to discover what one wishes to unearth, it is best to study documents with a ââ¬Å"spirit of humility.â⬠That being said, it cannot be disputed that multiple causation was indeed responsible for the Protestant Reformation. nbsp;nbsp;nbsp;nbsp;nbsp;Using the elementary line of thought, which dictates that a single event caused the Reformation, is fruitless. It is important to elucidate the various events that are actually attributed to causing the Reformation. Toâ⬠¦show more contentâ⬠¦nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;The powerful social forces at work, which emerged from economic motives, were a separate cause of the Reformation. Luther and his supporters were one such social force, but were not the only ones. Merchants of the time were disgusted by the infusion of cash to Rome. The papacy was raking in all sorts of financial acquisitions, and the majority of people were paupers. The common folk living in the sixteenth century were upset at what they saw: a continuous drain on national wealth. It would only take a single person to begin sowing seeds of dissent among them: Martin Luther. Luther was part of the chain that developed the Reformation, but events had to occur before and after him to bring about the change. nbsp;nbsp;nbsp;nbsp;nbsp;Another event needed to occur to ensure that Luther would be able to implement his plan: Charles Vââ¬â¢s dilemma. Unsure of the support he had, given that his own prince supported the reformers and had the power to incite a rebellion, Charles decided to play it safe. Admittedly, the Crown could have destroyed the rebellion in its infancy, but it did not. The Church itself also had the power to deal with the rebels. A quote from Gustavson carefully clarifies the reasons that it could not. ââ¬Å"After many centuries as the universal Church of Western Europe, it had undergone both a loss ofShow MoreRelatedProximate Causation At The Hospital768 Words à |à 4 Pagesto his throat, however, the wound could have been survivable (Brody Acker, 2010, p.116). The issue of proximate causation came about during Kusmider v. State (1984). Judge Johnstone ââ¬Å"precluded Kusmider from pursuing the issue of proximate cause before the jury as he ruled that negligent fa ilure to provide approximate medical assistance could not interrupt the proximate causationâ⬠(Kusmider v. State, 1984). According to Carpenter (1932), in order to be guilty of a crime, a personââ¬â¢s conduct mustRead MoreThe Issue Of Criminal Liability1680 Words à |à 7 Pages SCENARIO ANALYSIS: A close study at the facts given raises issues of criminal liability. It furthermore suggests that there are issues on causation, omission, gross negligent manslaughter and a list of possible liabilities in criminal law. However, this can only be answered by looking at relevant case law, statute and a list of other academic commentaries. DRIVE: Drive by colliding with Walk a pedestrian has committed an offence by occasioning bodily harm. By creating a dangerous situation, DriveRead MoreIs Liz Liable for Assault or Murder845 Words à |à 3 Pagesassess the element of causation. Causation is one of the enquiries with respect to a crime of consequence, it looks at the distance between act and consequence. In the above case it is the distance from the car accident to Wesleyââ¬â¢s death at the hospital. In all consequence crimes the state has the burden of proving beyond a reasonable doubt that the act caused the consequence. This element must be satisfied in order for Liz to be convicted of murder. There are two forms of causation that have to be provenRead Morea) The issue that we are dealing with in this question is the proof for criminal liability. Given900 Words à |à 4 Pagesintentionally or in a voluntary manner. b) Causation is not an element of liability but rather is the manner in how we arrive at the elements of liability (wrongfulness, capacity, conduct and fault). It deals with crimes of ââ¬Å"consequenceâ⬠in that the action itself is not unlawful but the result of said action is. iii In order for Liz to be found guilty of the murder of Alex, there are two factors that have to be proven with regards to the element of causation. 1) There must be a causal link betweenRead MoreLiability in Criminal Law Essay1204 Words à |à 5 Pagesprosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur. For instance, in homicide, that the accused has caused the victims death. Within the English Legal System, the chain of causation is established via numerous principles, which have been recognised by case law, as the problem areas have come before courts. It is clear that when ascertaining whether the defendant is the person to fix liability, the courts willRead MoreThe, But For Test, By Hart And Honero And Developed By Wright3409 Words à |à 14 Pagesoften yields the right answer, does not always do so.ââ¬â¢ Use the airline case in the conclusion Causation has been subject to copious amounts of judicial and academic debate over the last six decades. The trend being that but for causation is good as far as it goes, but it does not go far enough and there is a need to modify its structure in cases that do not have a simple yes or no answer to causation. This essay explores the development of the but for testââ¬â¢s modification through the case law specificallyRead MoreThe Death Of Mrs. Summers Injury Of Situational Anxiety And Psychological Hysteria988 Words à |à 4 PagesBerger Entry 38.) Based on the similar analysis, it would be reasonable for a juror to find that Mrs. Summersââ¬â¢ anxiety is a ââ¬Å"but forâ⬠result from the trauma she experience in witnessing the shooting of her husband. The second prong for causation, legal causation, considers the policy considerations of how far the consequences of a defendant s acts should extend by considering if liability should attach as a matter of law given the existence of cause in fact. Christen v. Lee, 780 P.2d 1307, 1313Read MoreJanuary 2013 Aqa Law1051 Words à |à 5 Pagesforââ¬â¢ Helen throwing the firework in the room, Ian would not have died so she was the factual cause of death. Also, the legal causation is necessary, which is where the D must be the ââ¬Ëoperating and substantialââ¬â¢ cause of death, with no intervening acts involved. In the scenario, Helens actions were clearly operating and substantial and there was no break in the chain of causation. Therefore, she is liable for the AR of murder. However, to prove ââ¬Ëmalice aforethoughtââ¬â¢ and form the MR of Murder, Helen mustRead MoreTheories of Causation1521 Words à |à 7 PagesYeo, Morgan Chan proposes that to establish causation between a defendantââ¬â¢s actions and a victimââ¬â¢s death, the courts take a two-step process of factual causation and imputed causation. Factual causation is established to determine if the defendantââ¬â¢s conduct contributed to the victimââ¬â¢s death. If ââ¬Å"but forâ⬠the defendantââ¬â¢s actions, the victim would not have died, the second step of imputable causation is used to determined if the defendantââ¬â¢s actions were sufficiently strong enough to cause the victimââ¬â¢sRead MoreThe Legal Test Of Causation And Factual Causation2255 Words à |à 10 PagesRemoteness refers to the legal test of causation which is used when determining types of loss caused by a breach of contract or duty which can be compensated by the award of damages.There is a differ ence between legal causation and factual causation because of that question arises whether damages resulted from breach of contract or duty. In contract law Hadley v Baxendale is the traditional test for remoteness.Test is in essence a test of forseeabilty. The loss is only recoverable if it was in contemplation
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