TY - JOUR
T1 - The double effect principle and its relevance to juridical interpretation
AU - Montecinos, Alejandro Miranda
PY - 2008/12/1
Y1 - 2008/12/1
N2 - In this paper, the author attempts to show the significance of the principle of double effect in general practical reasoning and, especially, in legal reasoning. To this aim, he proceeds in the following way. Firstly, he studies the nature of the principle as a rule to moral deliberation. Secondly, with the purpose of illustrating the main situations in which the principle has been applied, he offers an exposition regarding its historical development. Thirdly, he argues for the necessity of accepting the principle of double effect, proving that it is the only non-consequentialist way to attribute responsibility for the effects of human acts. Fourthly, he examines the principle's requirements and establishes the way in which they have to be understood. Finally, he gives some examples in various legal fields where the principle can be a useful device for judicial and legislative reasoning.
AB - In this paper, the author attempts to show the significance of the principle of double effect in general practical reasoning and, especially, in legal reasoning. To this aim, he proceeds in the following way. Firstly, he studies the nature of the principle as a rule to moral deliberation. Secondly, with the purpose of illustrating the main situations in which the principle has been applied, he offers an exposition regarding its historical development. Thirdly, he argues for the necessity of accepting the principle of double effect, proving that it is the only non-consequentialist way to attribute responsibility for the effects of human acts. Fourthly, he examines the principle's requirements and establishes the way in which they have to be understood. Finally, he gives some examples in various legal fields where the principle can be a useful device for judicial and legislative reasoning.
KW - Indirect voluntariness
KW - Intention
KW - Moral and legal responsibility
KW - Principle of double effect
KW - Side effects
KW - Indirect voluntariness
KW - Intention
KW - Moral and legal responsibility
KW - Principle of double effect
KW - Side effects
UR - https://www.scopus.com/inward/record.uri?partnerID=HzOxMe3b&scp=66749104457&origin=inward
UR - https://www.scopus.com/inward/citedby.uri?partnerID=HzOxMe3b&scp=66749104457&origin=inward
M3 - Article
VL - 35
SP - 485
EP - 519
JO - Revista Chilena de Derecho
JF - Revista Chilena de Derecho
SN - 0716-0747
IS - 3
ER -