A contemporary overview of the three fault-based doctrine

Abstract

The present article has as its object the traditional doctrine of the three fault-based doctrine. An analysis of its historical evolution is made initially from the Roman Law where lies its origins and, later, its systematic development on Middle Age. Next, is presented the movement of decline of the doctrine, which occurred during the so-called legal rationalism. Several were the arguments carried out against it until it was finally deconstructed and in its place a single, abstract concept of fault emerged. Finally, it is tried to set forth that the standard discourse that denies the existence of degrees of fault is more apparent then real, since a variety of legal systems, despite preaching a uniform criterion to define it admits mitigation rules which, under a modern approach, allows the conclusion that, in practice, fault leveling is still performed in order to promote Justice properly.