责任与法律责任

Responsibility and Legal Responsibility

责任概念的变迁,显示了责任具有内外两个层面的内涵。随着社会高度组织化和功能分化,法律系统从社会系统中分立出来,法律责任也随之从责任分立出来,成为体现责任外在性层面最重要的表征。责任与法律责任的变迁可归因于责任内在性层面的发展动力。然而,当下法律责任对责任内在性诉求的回应尚且滞后,期待公法责任在责任内涵的变迁中发挥更重要的作用。

The changes of the concept reveal that responsibility has internal and external dimension.With the development of social differentiation, legal system has been separated from the social system.Legal responsibility has also been separated from respon-sibility and become an important characterization of responsibility externality.All of these changes can be attributed to the internality of responsibility.Legal responsibility should respond to the demand of intersubjectivity and responsibility in public law,which could play an important role during this transition.