Abstract

ORREGO, Cristóbal  and  IBANEZ LEON, Arturo. Intentional vs. Non-Intentional Harm. Tort Law Liability in Light of the Principle of Double Effect. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.148, pp.233-267. ISSN 2448-4873.

The Principle of Double effect and its elements are analyzed as a moral standard of justification. Then the principle is applied to the general structure of tort law. Then a reflection is developed about the distinction between intentional and non intentional torts and strict liability, and the special case of nuisance is considered as a token of a nuanced application of the principle of double effect. It is contended that the distinction underlying the principle of double effect are useful to both explain and justify this area of the law.

Keywords : Double effect; collateral damage; tort law.

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