Research and development in criminal law and criminology

Research and development in criminal law and criminology

The Role of Customary Judgment in Establishing Causation for Criminal Liability

Document Type : Original Article

Authors
Alireza Azarbaijani 1
Zeinab Abdollahkhani 2
1 Faculty Member, Department of Private Law, Farabi College, University of Tehran, Qom, Iran
2 Faculty member of the Research Institute of Strategic Studies (RISS), Tehran, Iran
10.22034/jclc.2025.2050630.1149
Abstract
Causation is a fundamental yet challenging legal concept that has generated extensive debate among jurists. Establishing a causal link between an act and its outcome is crucial for determining not only civil but also criminal liability. The complexities of this relationship, particularly in cases involving multiple causes, have given rise to diverse and often conflicting legal perspectives.
Numerous theories have been proposed to determine the legally responsible cause in such scenarios. Among the most influential of these is the theory of customary causation, which relies on common-sense attributions of cause and effect. Despite its prominence, employing customary judgment as a definitive criterion for establishing the responsible cause in criminal law presents significant challenges.
This article investigates the role and impact of customary judgment in attributing criminal liability in cases with multiple causes, and its subsequent influence on judicial decisions. Using a descriptive-analytical approach based on library research, this study seeks to clarify the precise role and status of customary judgment within the framework of criminal liability.
Keywords
Causation
Customary Cause
Customary Judgment
Criminal Liability
Multiple Causation
Subjects

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