The significance of punishment in traffic accidents(<The Special Edition>The Potentials of Law and Psychology)

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  • 交通事故における刑事過失責任追及の意味(<特集>法と心理学の可能性)
  • 交通事故における刑事過失責任追及の意味
  • コウツウ ジコ ニ オケル ケイジ カシツ セキニン ツイキュウ ノ イミ

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Abstract

The present paper covers the problems related to "the significance and functions of criminal negligence and punishment in traffic accidents." The concept of "cause" is ambiguous. In criminal condemnation, we assume that the lack of attention or the negligence of an individual causes an accident. However, the definition of negligence may change depending on contexts. One may be attentive in an optimal condition, but may not be so in a severe condition. Given that in certain conditions one's capacity is limited and errors are likely to occur, criminal condemnation and punishment may not be always preventive of traffic accidents. In this paper, we reconsidered the role of criminal punishment and its limitations. Then, we proposed to establish an independent committee, which is to scrutinize the cause of accidents as those in U. S. and Europe. Finally, we suggest the future directions for the joint research of law and psychology.

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