The value of omissions in terms of responsibility: an analysis from the theory of action. Reflections from the case of tax responsibility

  • Serrana Delgado Manteiga Profesora Adjunta Filosofía y Teoría General del Derecho. Facultad de Derecho. Universidad de la República Oriental del Uruguay.

Abstract

This article addresses the problem of omissions and its impact in the field of responsibility theory. It problematizes around how omissions challenge the concept of causality and when we can say that a person is morally responsible for their omissions. Based on the inputs provided by the theory of action and the theory of moral responsibility, the tax jurisprudence in matters of legal responsibility of representatives and attorneys in fact is analyzed. It is concluded that the conceptual complexity presented by the omissions has resulted in the TCA not contemplating them when attributing responsibility, when, instead and in what is pertinent, they should be assigned the same weight as a genuine action.

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Published
2023-12-04
How to Cite
Delgado Manteiga, S. (2023). The value of omissions in terms of responsibility: an analysis from the theory of action. Reflections from the case of tax responsibility. Revista De La Facultad De Derecho, (56), e20235603. https://doi.org/10.22187/10.22187/rfd2023n56a3
Section
Doctrine