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Teisinė atsakomybė etatistinės ir demokratinės teisės sampratų požiūriu / Legal Liability from the Point of View of Normativist and Democratic Law Concepts

In the paper Legal Liability from the Point of View of Normativist and Democratic Law Concepts concept of liability is briefly described. Social liability and its kinds are analysed. Legal liability is distinguished like a separate kind from the social liability, featuring a unique obligatory legal definition sign. Its application is assured by the state. Kinds of legal liability analysed: positive and tortious (negative) legal liability. Basis for occurrence of legal liability are described. Dependence of the legal liability upon the legal system of a state is described in the paper. In the non-democratic states, where the laws become a tool for the rulers to give law to the masses, other kinds of social liability, e.g. moral liability, contradict with the legal liability. All kinds of the social liability, except the legal liability, feature no forced measures applicable upon the violator. It is stressed that the non-democratic legal systems fail to accept the positive legal liability. Unsuccessful efforts of the Soviet law theoreticians to introduce the concept of positive legal liability into the law science are mentioned. Tortious legal liability is a sequel and guarantee of the positive liability. Therefore it is the secondary and the positive liability is the primary (main) form of the legal liability. It becomes especially vivid in the democratic society, when its right ceases being repressive and implementation of the positive law is first of all assured by the... [to full text]

Identiferoai:union.ndltd.org:LABT_ETD/oai:elaba.lt:LT-eLABa-0001:E.02~2007~D_20070121_190404-81974
Date21 January 2007
CreatorsRibikauskas, Audronius
ContributorsČerniauskaitė, Jurgita, Spruogis, Ernestas, Arlauskas, Saulius, Baublys, Linas, Vaišvila, Alfonsas, Beinoravičius, Darijus, Šlapkauskas, Vytautas, Nikitinas, Vladas, Mykolas Romeris University
PublisherLithuanian Academic Libraries Network (LABT), Mykolas Romeris University
Source SetsLithuanian ETD submission system
LanguageLithuanian
Detected LanguageEnglish
TypeMaster thesis
Formatapplication/pdf
Sourcehttp://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070121_190404-81974
RightsUnrestricted

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