Legal liability through the prism of the new conceptual mutations
Professor Mihai BĂDESCU1
The concept of legal liability is traditionally approached, first in the General
Theory of Law, then in each branch legal discipline. From this perspective the role of this
fundamental concept of law is emphasized, the legal liability is defined and classified in its
main forms (disciplinary, civil, administrative, criminal), the conditions for engaging in
any form of legal liability are highlighted. The present study does not aim to analyze what
is known, which is not lacking in any academic course of law theory, which has been the
subject of numerous writings in the field, including within national doctoral research and
not only. Through this study, we aim to highlight the fact that at present there are serious
reasons to believe that, compared to the traditional coordinates of the legal liability
analysis, we are in the presence of changes, conceptual mutations that play a role within it
as a reflection of either the phenomenon well known as legal inflation, or the need to adopt
the norms of the right to new social coordinates, to the mutations that take place - thanks to
the celerity with which social relations unfold - in social life. In other words, in addition to
the branches of law that conventionally analyze the concept of legal liability, it is necessary
to emphasize also the appearance of other branches with their specificity, including from
the point of view of the legal liability that is committed. We come up with these
considerations to analyze a new concept, legal parthenogenesis, a consequence and effect
of these social mutations on forms of legal liability. Therefore, the present study has as a
major objective the disclosure of other forms of legal liability alongside those already
known. The research methods used are the epistemological, historical, comparative, and
teleological methods. The results of the study can be used in the new doctrinal approaches
in the field, within the three levels of higher education: BA, MA, and PhD.
Keywords: law, concept, conceptual mutations, legal liability, responsibility,legal
JEL Classification: K10, K42.
1. Considerations on the concept of legal liability
The specialized doctrine includes, through the most representative of the
works in the field, approaches of maximum generality regarding the legal
institution subject to the analysis. In the following, we will try to synthesize, we
believe, the most relevant approaches.
Firstly, Nicolae Popa acknowledges that liability in general is an essential
component of any form of social organization. Liability is a social fact that is limited
to the organized, institutionalized reaction triggered by a convicted offense2.
1 Mihai Bădescu – Department of Law, Bucharest University of Economic Studies, Romania,
2 Nicolae Popa, Teoria generală a dreptului, C.H. Beck Publishing House, Bucharest, 2014, p. 241.