Grounds for Legal Responsibility: New Approaches

Abstract

The authors of the article draw attention to the long-standing approaches to the understanding of legal responsibility. For the legal responsibility to raise, grounds that can be objective and subjective, legal and factual are necessary. Deterministically minded scholars tend to transfer responsibility from an individual to his or her environment. However, a person, as a rational and moral actor, must be in charge of his actions, and not just obey circumstances. Internally, a human person is always independent, since freedom is an inalienable inner quality of a person regardless of external conditions of his existence. The participant cannot and should not be responsible for the only possible action in a particular situation, since a person could not act differently, he had no other choice. And he cannot be punished for this. Thus, the participant of legal relations is not responsible for external circumstances beyond his control.