Abstract
Traditionally idea of legal liability is limited with the past actions, so called negative liability. Even variety of ideas and tractates can be seen at the supporters of this approach. In the same time amount of studies of the positive liability is growing within recent decades. Even more – scientists have announced that the liability can be only positive and that the protection of subjective rights and legal interest is performed by means of state enforcement. In this article theory and conception found in scientific literature of the legal liability and that interprets it both positively and negatively is critically analysed as well as objective and psychologically – subjective base of legal liability is being researched and on such basis understanding of legal liability will be established. Specific indications will be separated; the totality and forms of implementation will be fortified.
Highlights
The progressive development of society persistently requires a comprehensive approach to solving a number of pressing issues of the present time
The search for new solutions in view of the actualization of certain phenomena of social reality leads to differentiation, and to the integration of scientific knowledge. These processes quite perfectly are reviewed when applicable to the issue of liability, which lately has become to be of a multi-disciplinary nature out of the problem being mainly of a legal nature
Inter alia: (1) legal liability is based on legal rules that confer to it the certainty and general binding; (2) state guarantee; (3) coverage through public coercion or convincing; (4) legal liability, as the necessary consequences, implies approval or disapproval, award or punishment; (5) legal liability is implemented in a form of action prescribed by the law; (6) legal liability basically is single, but implemented in two different forms (Lipinsky 2004)
Summary
The progressive development of society persistently requires a comprehensive approach to solving a number of pressing issues of the present time. Among them the problem of mainstreaming the personal factor based on the expansion and enrichment of the social relations of a human being and society, which, in turn, stipulate enhancing the role of personality, different kind of social formations (societies, personnel’ teams), holds a specific place and, their social liability to the society in all spheres of social life, as well as of the society before them In this regard, the search of the most effective ways and sufficient means of adequate formation of a responsible approach to the business put into a person’s hands, research related to defining the nature and manifestation of social features (including legal) of liability in reality both in the regulatory and structural and functional aspects thereof. Clear evidence thereto is different “content” and the use of the term “liability” to describe various aspects, the sides of conduct of any subjects and a variety of phenomena, even within the limits of one of the sciences (philosophy, sociology, psychology, law, etc.) One can not fail to note that the research of liability in terms of freedom and necessity, the correlation of the concept of liability and multifaceted interpretation of social freedom, the internal duty, the moral law, discharge of duties to the society is common in philosophy
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