PROBLEMATICA RESPONSABILITĂŢII ŞI RĂSPUNDERII JURIDICE ÎN DOCTRINA JURIDICĂ CONTEMPORANĂ
ACCOUNTABILITY VERSUS RESPONSABILITY IN THE CONTEMPORARY LEGAL DOCTRINE

Summary/Abstract: Discussing and operating a distinction between the concepts of responsibility and legal responsibility has always been a „test stone” for doctrinaires, especially since accountability is not a concept that belongs only to the law, it is found in different senses and in philosophy, ethics or religion. The present study, in addition to a series of terminological clarifications that it tries to make, aims to highlight the common fund of responsibility and responsibility represented by the need for social coexistence of people, considering that man is an essentially social being. In spite of this fact, the two terms of legal responsibility and responsibility, besides the close correlations, also present a series of particularities, which make them distinct in nature and content. When we speak of legal responsibility we consider „a (positive) self-employment of the individual in the system of law which represents the legal obligation of the subject to act in accordance with the provisions of the legal norm, an obligation that is fulfilled through lawful conduct” or that is to say, we have to deal with an assumed and conscious attitude of the individual towards the way of realizing the norms of law. The legal responsibility, on the other hand, is revealed to us as „being the institution comprising all the legal norms that aim at relations arising in the sphere of activity performed by the public authorities, under the law, against all those who violate or ignore the order of law”.The conclusion of such a theoretical approach comes to emphasize once again that the two concepts of responsibility and legal responsibility are complementary, but different, the absence of responsibility not claiming the absence of responsibility, while the absence of responsibility will always imply the absence of responsibility.

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