Definition and Representations of Liability
Lu Tong
【全文】
We may say that distributive justice constitutes legal orders on the basis of two basicly legal concepts: legal right and legal duty,while corrective justice repairs the infringed legal orders on the basis of another basicly legal concept of liability.Without liability,the legally bad consequence,anyone can refuse to fulfill legal duty or directly breach legal duty,thus the legal orders is always infringed.So,we may further say that without liability, without law.Hence,it''s so important that we should have a more precise concept of liability.
As different theorists argues different view of points on the concept of liability,here what I am doing is trying to create a mixed but improved concept of liability.
Definition of Liability
Liability is legal disadvantage of the nonfulfillment of legal duty.I adopted the theory of “disadvantage” as the essence of liability.[1]The genus of liability is “legally disadvantage”.The differentia of liability is that such a disadvantage arises from the nonfulfillment of legal duty. I prefer the expression of nonfulfillment of legal duty because I believe that do what we should not do is a breach,but don''t do what we should do is a non-fulfillment.Nonfulfillment of legal duty includes the situation of breach,and it''s a more precise expression than that of “breach of legal duty”.Some other theorists argue that liability is secondary duty[2]or deprived duty[3]. Some others argue that lialility is a legal sanction[4],some others believe that liability is a negative review[5].I don''t believe that secondary duty,legal sanction or negative apprase is respectively the essence of liability,but the different representations of such a legal disadvantage,the liability.So,I improved the concept as above.
Rrepresentations of liability
