Basic Legal Theory---Liability

   Definition and Representations of Liability
We may say that distributive justice constitutes legal orders on the basis of two basicly legal concepts: legal right and legal duty,while corrective justice repairs the infringed legal orders on the basis of another basicly legal concept of liability.Without liability,the legally bad consequence,anyone can refuse to fulfill legal duty or directly breach legal duty,thus the legal orders is always infringed.So,we may further say that without liability, without law.Hence,it's so important that we should have a more precise concept of liability.

 

As different theorists argues different view of points on the concept of liability,here what I am doing is trying to create a mixed but improved concept of liability.

                                                           Definition of Liability

Liability is legal disadvantage of the nonfulfillment of legal duty.I adopted the theory of “disadvantage” as the essence of liability.①The genus of liability is “legally disadvantage”.The differentia of liability is that such a disadvantage arises from the nonfulfillment of legal duty. I prefer the expression of nonfulfillment of legal duty because I believe that do what we should not do is a breach,but don’t do what we should do is a non-fulfillment.Nonfulfillment of legal duty includes the situation of breach,and it’s a more precise expression than that of “breach of legal duty”. Some other theorists argue that liability is secondary duty② or deprived duty③. Some others argue that lialility is a legal sanction④,some others believe that liability is a negative review⑤.I don’t believe that secondary duty,legal sanction or negative apprase is respectively the essence of liability,but the different representations of such a legal disadvantage,the liability.So,I improved the concept as above.

                                                  Rrepresentations of liability

Liability,the legaldisadvantage,has different resentations,which may appear separately or mixedly.Seperately, duty of repair, or legal sanction is common representation of liability. Here I don’t agree with the view that liability is all of secondary duty,because only some of them can are secondary duty,such as paying money for fine.Others like accepting staying in a prison ,is not very exact to be a secondary duty.So,I prefer that ,along with duty of repair,legal sanction is another independent representation of liability.Mixedly,liability may appear as a combination of different representations.For example,because of drunk driving,I hit a person on the road.I have to pay damages of the person, also have to pay 500 for the violation of traffic rules.So,duty of repair of the person’s loss and fine of 500 are both representations of my liability.

 

Besides the two representations of duty of repair and legal sanction,here what I am trying to remind is the third independent representation of liability,the legal disadvantage:Negatively Legal Review of the conduct on issue.Maybe we have missed it for a long time.

 

Generally,if someone did not fulfill his legal duty,the law must say something first,declaring a negatively legal review of the conduct on issue, no matter whether the law makes further legal reactions.For example,before the court sentences a criminal penalty,it must say there was a crime.Before the court makes a decision of compensation,it must say there is a tort or a breach of contract. But logicaly, duty of repair or legal sanction is not always the inevitable disadvantage of nonfuifillment of legal duty.We may see such a phenomenon that the law just say you are wrong,and because the wrong is so light that no legal sanction is given.So,the law may just make a negatively review on the conduct on issue only,without taking any futher reactions of ordering a duty of repair or ordering a legal sanction. For example,I wrongfully parked my car,the police negatively reviewed me,but did not give any legal sanction.The police’s negative review of my conduct of wrongfully parking is a representation of my liabilitySo,I believe that negatively legal review of conduct on issue is an independent representation of legal disadvantage,of liability,which is not just the basis of duty of repair or of legal sanction,but the previously representation of liability.

Write Your Own Life

Suppose somebody gave you a pen —— a sealed, solid-colored pen.
You couldn't see how much ink it had.
It may run dry soon after the first few tentative words or last just lengthy sufficient to make a masterpiece (or a number of) that would last forever and make a distinction in the scheme of things.
You don't know before you begin.
Under the rules of the game, you seriously in no way know.
You have to take a chance!
Actually, no rule of the game states you should do anything. Instead of picking up and utilizing the pen, you could leave it on a shelf or in a drawer where it'll dry up, unused.
But when you do decide to make use of it, what would you do with it? How would you play the game?
Would you strategy and program before you ever wrote a word?
Would your plans be so extensive that you in no way even got to the writing?
Or would you take the pen in hand, plunge proper in and just do it, struggling to maintain up with the twists and turns of the torrents of words that take you where they take you?
Would you write cautiously and carefully, as if the pen may well run dry the next moment, or would you pretend or believe (or pretend to believe) that the pen will write forever and proceed accordingly?
And of what would you write: Of enjoy? Hate? Fun? Misery? Life? Death? Absolutely nothing? Every little thing?
Would you write to please just your self? Or other people? Or yourself by writing for others?
Would your strokes be tremblingly timid or brilliantly bold? Fancy with a flourish or plain?
Would you even write? Once you have the pen, no rule says you have to write. Would you sketch? Scribble? Doodle or draw?
Would you stay in or on the lines, or see no lines at all, even if they had been there? Or are they? There's a lot to take into consideration here, isn't there?
Now, suppose an individual gave you a life...

the furthest distance in the world

The furthest distance in the world 
Is not between life and death
But when I stand in front of you
Yet you don't know that I love you

The furthest distance in the world
Is not when I stand in front of you
Yet you can't see my love
But when undoubtedly knowing the love from both
Yet cannot be together 

The furthest distance in the world
Is not being apart while being in love
But when painly cannot resist the yearning
Yet pretending you have never been in my heart

The furthest distance in the world
Is not when painly cannot resist the yearning
yet pretending you have never been in my heart
but using one's indifferent heart
To dig an uncrossable river
For the one who loves you

Articles from the Web

The Three Snake-leaves

 

She left her shoes, she took every little thing else, her toothbrush, her clothes, and even that stupid small silver vase on the table we kept candy in. Just dumped it out on the table and took the vase. The tiny apartment we shared seemed distinctive now, her stuff was gone, it wasn't considerably definitely, even though now the room seemed like a jigsaw puzzle having a couple of pieces missing, incomplete. The closet seemed empty too; most of it was her stuff anyway. But there they had been at the bottom, piled up like they often were, every single one of them. Why did she leave her shoes? She couldn't have forgotten them, I knew too well that she took fantastic pride in her shoe collection, but there they still had been, appropriate down to her favorite pair of sandals. They were black having a design etched into the wide band that stretched across the top of them, the soles scuffed and worn; a delicate imprint of where her toes rested was visible within the soft fabric.

It seemed funny to me, she walked out of my life with out her shoes, is that irony, or am I thinking of some thing else? In a way I was glad they were still here, she would need to come back for them, perfect? I mean how could she go on with the rest of her life without having her shoes? But she's not coming back, I know she isn't, she would rather walk barefoot over glass than need to see me again. But Christ she left all of her shoes! All of them, just about every sneaker, boot and sandal, just about every high heel and clog, each flip-flop. What do I do? Do I leave them here, or bag them up and throw them within the trash? Do I take a look at them each morning when I get dressed and wonder why she left them? She knew it, she knows what's she's performing. I can't throw them out for fear she may return for them someday. I cannot be rid of myself of her entirely with all her shoes still in my life, cannot dispose of them or the person that walked in them.

Her shoes, leaving a deep footprint on my heart, I can't sweep it away. All I can do is stare at them and wonder, stare at their laces and straps their buttons and tread. They still connect me to her though, in some distant bizarre way they do. I can keep in mind the very good times we had, what pair she was wearing at that moment in time. They're hers and no else's, she wore down the heels, and she scuffed their sides, it is her fragile footprint imbedded on the insole. I sit on the floor next to them and wonder how lots of locations had she gone whilst wearing these shoes, how several miles she walked in them, what pair was she wearing when she decided to leave me? I pick up a high heel she usually wore and absently smell it, it is not disgusting I believe, it's just the last tangible link I've to her. The last bit of reality I've of her. She left her shoes; she took every thing else, except her shoes. They remain at the bottom of my closet, a shrine to her memory.