Legal Responsibility as a Social Phenomenon in the System of Humanities

Abstract

The article analyzes the scientific approaches of scientists regarding evolution, the essence and features of the concepts of responsibility, social responsibility, legal responsibility. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, and existing social institutions. Responsibility as a social phenomenon can manifest itself in a positive way by receiving remuneration, and in a negative way as a reflection for committing offenses. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished.

It is theoretically substantiated that legal responsibility differs from other types of social responsibility in formal certainty, mandatory observance of legal norms, state control over their implementation, application of state coercion to the offender, prevention of offenses and the protection of law and order. The measure of responsibility in public and private legal relations has been determined.

In this study public tort (crime and misconduct) is analyzed, problematic issues are outlined and proposals for their improvement are provided. The types of legal responsibility for committing offenses (tort) are considered. Attention is focused on the fact that responsibility is a prerequisite for the development and effective functioning of the state, its effectiveness depends on the mechanisms for implementing responsibility in front of the person and is determined by the level of development of public consciousness, the level of social relations, existing social institutions. The key task of responsibility is fair application and inevitability of punishment.