A Proposed Genealogy of the Theory of Social Roles as the Basis of Legal Responsibility and Liability in the Work of H.L.A. Hart

Lucian-Sorin Stanescu ()
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Lucian-Sorin Stanescu: Faculty of Law and Administrative Sciences, "Ștefan cel Mare" University of Suceava, Romania

Review of Law and Social Studies, 2024, vol. 1, issue 1, 98-116

Abstract: Lying at the confluence of several social sciences, such as sociology, anthropology and psychology, as well as at the intersection of human intrapsychic life and its social life, the category of "social roles" is the subject of analysis of all these sciences and is used to explain many interrelated concepts that are meant to explain people's attitudes and actions in society, as well as the creation of social structures and society itself. It is to the English philosopher H.L.A. Hart that this multivalent category came into the world of law, and he gave it the status of the basis of legal responsibility and liability. So far, the Australian professor Peter Cane's exegesis has explained H.L.A Hart's theory of social roles as the basis of responsibility and liability in law through the relations of authority that these roles imply. The present study proposes a new interpretation of this conception, which could have revolutionary implications in the general theory of legal responsibility and liability, if validated, through Talcott Parsons' sociological conception, by following the rigid structure of legal liability. The methodology of the study provides a comparison between Peter Cane's theory and the interpretation of social role theory as a basis of legal responsibility and liability through the sociological conception of Talcott Parsons.

Keywords: social roles; authority relations; responsibility; legal accountability; H.L.A. Hart; Talcott Parsons; Peter Cane. (search for similar items in EconPapers)
JEL-codes: K41 K42 (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journ2:v:1:y:2024:i:1:p:98-116

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