The concept of holistic group liability

Pečarič, Mirko (author)

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.

• Language: English
• Keywords: individual liability, collective liability, holistic group liability, individual, group
• Work type: Article
• Typology: 1.01 - Original Scientific Article
• Organization: FU - Faculty of Administration
• Publication status: Published
• Publication version: Version of Record
• Year: 2022
• Number of pages: 18 str.
• Numbering: Vol. 8, iss. 1, art. 2045450
• PID: 20.500.12556/RUL-135248
• UDC: 34:1
• ISSN on article: 2331-1886
• DOI: 10.1080/23311886.2022.2045450
• COBISS.SI-ID: 99361795
• Publication date in RUL: 02.03.2022

Record is a part of a journal

• Title: Cogent social sciences
• Publisher: Taylor & Francis
• ISSN: 2331-1886
• COBISS.SI-ID: 523039513

Licences

• License: CC BY 4.0, Creative Commons Attribution 4.0 International
• Link: http://creativecommons.org/licenses/by/4.0/
• Description: This is the standard Creative Commons license that gives others maximum freedom to do what they want with the work as long as they credit the author.
• Licensing start date: 01.03.2022

Secondary language

• Language: Slovenian
• Keywords: individualna odgovornost, kolektivna odgovornost, holistična skupinska odgovornost, posameznik, skupina

Projects

• Funder: ARRS - Slovenian Research Agency
• Project number: P5-0093
• Name: Razvoj sistema učinkovite in uspešne javne uprave