Naslov
Kinds of Legal Responsibility / Liability in the Croatian Legal System

Autori
Padjen, Ivan

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Proceedings of the 4thAnnual Meeting of the Central and Eastern European Network of Jurisprudence "Work in Progress" / Keresteš, Tomaž - Maribor : Central and Eastern European Network of Jurisprudence, 2008, 1-7

Skup
Annual Meeting of the Central and Eastern European Network of Jurisprudence "Work in Progress" (4 ; 2008)

Mjesto i datum
Rijeka, Hrvatska, 16.05.2008

Vrsta sudjelovanja
Plenarno

Vrsta recenzije
Nije recenziran

Ključne riječi
legal responsibility / liability; Croatian legal system

Sažetak
The first problem or, more accurately, problem complex is theoretical. Its core is a widespread idea that political responsibility is virtually by definition extra-legal responsibility that is, at best, regulated legally by procedural standards (norms, rules, values etc.) only. Despite my argument to the contrary, put forward in 1989. (see infra), the idea is still maintained or at least assumed tacitly in the mainstream legal literature in Croatia and other ex-Yugoslav republics.The second problem is inadequate treatment of the structure of legal responsibility in Croatian law books, including textbooks on jurisprudence. The paper should contribute to a solution of the problems, first, by analysing the structure of political responsibility as a kind of legal responsibility comparable to other major kinds of legal responsibility / liability, that is to criminal, civil and disciplinary responsibility ; secondly, by presenting synoptically the most important elements of all the four kinds of legal responsibility / responsibility (including at least three subspecies of civil liability, namely, for the breaches of law, contract and negotiations, which might be presented as kinds of legal responsibility on the same footing as criminal, disciplinary and political responsibility). My taxonomy of the kinds of legal responsibility is meant to be an excercise in legal theory in the following three senses. First, it provides good reasons for every single type of legal responsibility / liability. Secondly, every single type is meant to be an ideal type. Thirdly, ideal types of criminal and of civil responsibility / liability are designed to be serviceable in identifying significant features of the Croatian legal order and of the legal orders that have criminal law and civil law similar to the Croatian legal order (Slovenian?, Serbian?), whereas the ideal types of disciplinary and of political responsibility are construed to be more universally applicable. It appears to me that the only original part of my taxonomy is the analysis of political responsibility which claims that rational criteria of political responsibility may function as legal criteria. If the taxonomy as a whole is an improvement over existing analyses of legal responsibility it is due to a systematic reliance on Aristotle's analysis of justice.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA