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Philosophical Analysis of Two Types of Legal Responsibility

Dr Maciej Juzaszek

Jagiellonian University in Kraków

English abstract: The paper presents some preliminary results of a philosophical analysis of the concept of legal responsibility, including its nature and types. It draws upon Anglo-American metaethical discussions of moral responsibility, which have abounded in philosophy after Peter F. Strawson’s landmark paper Freedom and Resentment. The author reconstructs two views on the nature of moral responsibility, the Strawsonian view and the ledger view (coming from Michael J. Zimmerman) and applies them to the concept of legal responsibility. The result is a distinction between two types of legal responsibility: attributability and accountability, which are characterized in the paper, which is an introduction to further research on legal responsibility (or liability) and its conditions.

Keywords: legal responsibility, legal liability, attributability, accountability, reactive attitudes

Language: English

Published: Number 2(27)/2021, pp. 16-25.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.16

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Number of downloads: 119

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: accountability, attributability, legal liability, legal responsibility, reactive attitudes

Rule of law, public philosophy and moral responsibility of scientists

Prof. dr hab. Lech Morawski

Uniwersytet Mikołaja Kopernika w Toruniu

English abstract: The paper discusses some relationships between the rule of law and the public philosophy. It is unquestionable that nowadays the scientism has become one of the dominant ideologies of industrial and post-industrial societies. Scientists and researchers take an active part in public life, are advisors to governments and corporations, comment in the media important public events. Thus, the problem arises of their moral and legal responsibility for what they say and do in public life. In my opinion, we may distinguish two different models of responsibility, which I call a model of scientist as an ordinary citizen and model of scientist always on duty. To put it another way, we may ask, whether the scientist in public life like an ordinary citizen can act in accordance with his political, economic or religious sympathies and preferences or just like a judge, priest or a physician is always „on duty” and always must follow all the rules of his profession. I defend the view that the adoption of the second model is one of the necessary preconditions of the existence of informed and rational public opinion and thus, the informed and rational rule of law.

Keywords: rule of law, moral responsibility, legal responsibility, public philosophy

Language: Polish

Published: Number 2(9)/2014, pp. 85-94

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Number of downloads: 128

Filed Under: Articles Tagged With: legal responsibility, moral responsibility, public philosophy, rule of law

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Keywords

Leszek Kołakowski claim to correctness egology Beata Polanowska-Sygulska God justification of interpretive claim Thomas Bayes polis Social Insurance Institution lawyers’ language Marcin Pieniążek resentment politics of time religious monism transplants law as a border Neil MacCormick law and emotions legal argumentation intellectual property Sylwia Wojtczak state prosecutor Paweł Jabłoński Michał Sopiński Paweł Banaś multilingualism of law Paweł Skuczyński economic theory of law juridical state co-originarity of the rule of law and the principle of sovereignty Michał Pełka parliament Krzysztof Goździalski dissenting opinion freedom memory law Saul Kripke moral moral intuition legal aphorisms legal language sorites paradox sociological jurisprudence Dominika Bek constitutional reasoning Covid – 19 aesthetics aretaic theory constitutional values Polish law

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