The concept of holistic group liability
The role of an individual in a group depends on the role of other individuals, context, ideas, and other factors; the individual in a group is never only the individual. If this is confirmed with experiments in social psychology and logic, it is undermined in a liability regime that still largely tr...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2022-12-01
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| Series: | Cogent Social Sciences |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2022.2045450 |
| _version_ | 1819004410141868032 |
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| author | Mirko Pečarič |
| author_facet | Mirko Pečarič |
| author_sort | Mirko Pečarič |
| collection | DOAJ |
| description | The role of an individual in a group depends on the role of other individuals, context, ideas, and other factors; the individual in a group is never only the individual. If this is confirmed with experiments in social psychology and logic, it is undermined in a liability regime that still largely treats individuals as individuals. This paper thus examines how the present liability forms deal with the individual in groups. Terms such as “take into account the circumstances of the case”, “establish shares in the damage caused”, “the weight of fault”, “the weight of the consequences flowing from the action”, and “fairness” could serve to assert group liability if the latter is previously well documented in social psychology and then accepted by legal scholarship. To better adapt, address and legislate the individual’s liability in groups, this document provides new research directions in the field of groups, based on the new concept of “holistic group liability” introduced, in addition to the existing collective liability, which still treats the individual as a mere part of the group, rather than as a new value arising from relationships with other members, contexts, concepts, and ideas. |
| first_indexed | 2024-12-20T23:36:27Z |
| format | Article |
| id | doaj.art-24e6c44da57f437c95ad6bddf502e688 |
| institution | Directory Open Access Journal |
| issn | 2331-1886 |
| language | English |
| last_indexed | 2024-12-20T23:36:27Z |
| publishDate | 2022-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj.art-24e6c44da57f437c95ad6bddf502e6882022-12-21T19:23:12ZengTaylor & Francis GroupCogent Social Sciences2331-18862022-12-018110.1080/23311886.2022.2045450The concept of holistic group liabilityMirko Pečarič0Administrative Law and Public Administration, Faculty of Administration, University of Ljubljana, Ljubljana, SloveniaThe role of an individual in a group depends on the role of other individuals, context, ideas, and other factors; the individual in a group is never only the individual. If this is confirmed with experiments in social psychology and logic, it is undermined in a liability regime that still largely treats individuals as individuals. This paper thus examines how the present liability forms deal with the individual in groups. Terms such as “take into account the circumstances of the case”, “establish shares in the damage caused”, “the weight of fault”, “the weight of the consequences flowing from the action”, and “fairness” could serve to assert group liability if the latter is previously well documented in social psychology and then accepted by legal scholarship. To better adapt, address and legislate the individual’s liability in groups, this document provides new research directions in the field of groups, based on the new concept of “holistic group liability” introduced, in addition to the existing collective liability, which still treats the individual as a mere part of the group, rather than as a new value arising from relationships with other members, contexts, concepts, and ideas.https://www.tandfonline.com/doi/10.1080/23311886.2022.2045450individual liabilitycollective liabilityholistic group liabilityindividualgroup |
| spellingShingle | Mirko Pečarič The concept of holistic group liability Cogent Social Sciences individual liability collective liability holistic group liability individual group |
| title | The concept of holistic group liability |
| title_full | The concept of holistic group liability |
| title_fullStr | The concept of holistic group liability |
| title_full_unstemmed | The concept of holistic group liability |
| title_short | The concept of holistic group liability |
| title_sort | concept of holistic group liability |
| topic | individual liability collective liability holistic group liability individual group |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2022.2045450 |
| work_keys_str_mv | AT mirkopecaric theconceptofholisticgroupliability AT mirkopecaric conceptofholisticgroupliability |