Finalism today

Abstract

The text examines the evolution and current relevance of criminal finalism, analyzing the finalist concept of action, the system of the legal theory of crime derived from it, the finalist concept of perpetrator, and its contemporary situation. It argues that, although the thesis of Law's binding to logical-objective structures is now refuted, its consequences for the theory of crime are generally accepted, especially the inclusion of intent in the unjust type of intentional offenses. It analyzes the resurgence of normativism against finalist ontologism, the personal conception of the unjust, and the theory of culpability, concluding that the theory of objective imputation completes, rather than questions, the basic contribution of finalism, maintaining the distinction between unjust types and restricting the objective type through criteria of objective imputation.