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Looking Forward To The Possibility Of Fate Analysis

Posted on:2012-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:M H ZhangFull Text:PDF
GTID:2216330368981118Subject:Environment and Resources Protection
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The theory of expected possibility is favored by scholars because of its humanity foundation and individual justice recently. But when analyzing deep,we find easily that it is going downhill because it has theorial defects and responsibility is becoming objective and socializational.So it shall be used in a few cases as a adjustable unpenaltial reason.This essay has four chapters:The first chapter is description of the theory of expected possibility.It has nine parts:the history of the theory of expected possibility,its conception, appearance, establishment terms, foundation, nature, position in the system of the theory of accomplice, judgment standards, recognization mistakes.The second chapter describes the expression of tis decline in Japan and Germany first and then analyzes the reasons. The theory of expected possibility is going down in Germany where it origins,and is not prosperous in Japan.Its decadence has two reasons. The internal cause is its theorial defects.The theory of expected possibility is vague, equivocal and moral;.these theorial defects exist because the theory of expected possibility pursues the value of individual justice.But the value has a conflict with stability,the other value which the principle of prescribed punishment for specified crime pursues. In order to harmonize the conflict, scholars try their best and the result is the theory of expected possibility going down.The external cause is responsibility becoming objective and socializational. Expected possibility,as a result of subjective responsibility, is not suitable to be the standard of responsibility,when responsibility is becoming objective and socializational. So, the theory of expected possibility is inevitable to going down.The third chapter brings up the approach to the theory of expected possibility. Today,it shall be used in a few cases as a adjustable unpenaltial reason.These cases are all about necessity.The forth chapter completed the theory of expected possibility. We shoud not use it not only because of its humanity foundation and individual justice...
Keywords/Search Tags:expected possibility, the principle of prescribed punishment individual justice, objective culpability, social culpability, social sciences
PDF Full Text Request
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