KILKA UWAG O RELACYJNYM UJĘCIU WINY W PRAWIE KARNYM
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Date
2001
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Wydział Prawa i Administracji UAM
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SOMĘ REMARKS ON THE RELATIONAL VIEW OF FAULT IN THE POLISH CRIMINAL LAW
Abstract
The aim of the article is to order the views on the relational view of fault expressed so far in
the Polish literature, as well as engage in polemic against some authors and point out some relevant
aspects not discussed so far.
The author dismisses the popular criticism of positioning the culpability relation on the axes
of the subject’s behaviour and the legal system. Perceiving the relation bearing criminal responsibility
probably gives more interesting implications than maintaining that this relation occurs
between the offender and the offence. The Author also postulates that the relational view of fault
can be made consistent with the so-called pure normative view, remaining in opposition to the
psychological and comprehensive views. This is the point where this sort of relational view differs
significantly from the view referring to the relation „subject-act”, as this latter approach is more
consistent with the psychological or comprehensive theory of fault, and it is not really in line with
the pure normative view. The Author supports the view about the ambiguity of the concept of fault
in the criminal law.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 4, s. 65-78