Omissions

Core Concepts in Criminal Law and Criminal Justice, January 2020, ISBN: 9781108483391

39 Pages Posted: 5 Aug 2020

See all articles by Kai Ambos

Kai Ambos

University of Goettingen (Göttingen)

Date Written: February 10, 2020

Abstract

From a naturalistic perspective, omission is the opposite of action – it is non-action (not-doing), absence of action. From this perspective, an act or active conduct can be easily identified because of the expenditure of energy it generates, for example, through a bodily movement causing a certain result in the empirical world. In contrast, an omission lacks a physical reality; it does not display any (causal) energy; it is, in this sense, simply non-existent. As a consequence of such a naturalistic approach, it has been argued that omissions cannot actually cause any result and thus cannot have any legal relevance, let alone create criminal liability.

Keywords: criminal law, international law, international criminal law, criminal justice, omissions

Suggested Citation

Ambos, Kai, Omissions (February 10, 2020). Core Concepts in Criminal Law and Criminal Justice, January 2020, ISBN: 9781108483391 , Available at SSRN: https://ssrn.com/abstract=3535427

Kai Ambos (Contact Author)

University of Goettingen (Göttingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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