INTRODUCTION TO THE EPISTEMOLOGY OF LEGAL RESPONSIBILITY

Lucian-Sorin Stanescu ()
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Lucian-Sorin Stanescu: Stefan Cel Mare University of Suceava, Romania

Perspectives of Law and Public Administration, 2021, vol. 10, issue 3, 380-391

Abstract: According to the renowned theorist I. Craiovan, the knowledge of law cannot be situated in the contemporaneity outside the tendencies manifested in science where there are connections, interferences, transfers of concepts, methods and techniques that receive an important role in approaching the legal phenomenon and, consequently , Theory of Law, as a synthetic legal science, appeals to epistemology because: "the idea of examining by itself the activity of knowledge of law can first give the means of progress of the science of law, to improve knowledge of this phenomenon." The epistemological approach of the legal responsibility system in the methodological scheme we proposed involves, first, establishing the epistemological status of legal responsibility in the General Theory of Law and in the branch legal sciences in order to extract its epistemic features. Secondly, the study aims to reveal, for the first time, the systemic properties that legal responsibility develops as a subsystem of the great system of law, and thirdly, to discuss the conceptual changes it causes in the General Theory of the issue of legal responsibility of intelligent non-human entities, the ultimate goal being to support the epistemological status of structural concept of legal responsibility that we have promoted in the scientific field in our previous works by completing the definition we gave to this concept.

Keywords: knowledge of law; epistemological status of legal liability; systemic properties of legal liability; legal liability of intelligent non-human entities. (search for similar items in EconPapers)
JEL-codes: K40 K42 (search for similar items in EconPapers)
Date: 2021
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