The Role of the Psychic Guilt Theory in Establishing Liability in Civil Law

Психология и право

Monastyrskiy Yu.E.¹ 

[1] Moscow State Institute of International Relations (MGIMO-University);

关键词: psychology;    psyche;    guilt;    liability;    civil law;   

DOI  :  10.17759/psylaw.2021110313

来源: DOAJ

【 摘 要 】

The present publication deals with one of the most significant intersections of two social sciences: psychology and civil law, creating both a field of research and a concept such as psychical guilt. It is now a requirement for establishing liability in criminal law and just one of the prerequisites in civil law. However, there is a multitude of guilt theories, all boiling down to two varieties – subjective and objective. At times philosophical and legal ideas resulted in denial of significance of guilt for imposition of material responsibility. The work also raises an issue of the role of psychology as a science in definition of an increasingly important concept of "degree of guilt". This article advocates for the view that in judicial processes, arbitration tribunals, and also in criminal proceedings the most reliable picture of one's psychical attitude should be provided from professional judgement of psychiatrists and psychologists while basing on the entirety of evidence. The research also supports the view of differentiation of the concept of guilt in the criminal and civil-law context. The author is convinced of the necessity of further cooperation of experts in psychology, psychiatry and law.

【 授权许可】

Unknown