CONSTANTE RETORNO DEL OBJETIVISMO EN LA RESPONSABILIDAD. CRÍTICA DESDE APORTES DE MORALISTAS Y JURISTAS ESCOLÁSTICOS ANTE UNA CONCEPCIÓN ASUMIDA DE VERSARI IN RE ILLICITA

Translated title of the contribution: CONSTANT RETURN OF OBJECTIVISM IN RESPONSIBILITY. CRITICISM FROM CONTRIBUTIONS OF SCHOLASTIC MORALISTS AND JURISTS TO AN ASSUMED CONCEPTION OF VERSARI IN RE ILLICITA

Tatiana Vargas Pinto*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The easy attribution of effects from illicit conduct is well reflected in the usual objective understanding of versari in re illicita. The study shows how a series of inaccuracies from that meaning leads to maintaining an objective imputation that affirms responsibility (and liability) for results. Although similar objective canonical references are found, the assignment of chance is not true in the scholastic use. The context of development of the versari, the confusion about the idea of casus, as well as explanations from Thomistic sources, make it possible to contradict the traditional objective interpretation of the maxim. Instead, in the Thomistic scholasticism there is a necessary relationship between objective and subjective aspects from the versari as an imputation rule.

Translated title of the contributionCONSTANT RETURN OF OBJECTIVISM IN RESPONSIBILITY. CRITICISM FROM CONTRIBUTIONS OF SCHOLASTIC MORALISTS AND JURISTS TO AN ASSUMED CONCEPTION OF VERSARI IN RE ILLICITA
Original languageSpanish
Pages (from-to)817-847
Number of pages31
JournalCauriensia
Volume19
DOIs
StatePublished - 2024
Externally publishedYes

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