Legal Obligations: Basic Semantic Types and Characteristics(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2023年02期
- Page:
- 20-31
- Research Field:
- 本刊特稿
- Publishing date:
Info
- Title:
- Legal Obligations: Basic Semantic Types and Characteristics
- Author(s):
- WANG Xiahao
- Keywords:
- legal rights legal obligation; moral obligation; obligation as duty; obligation as obedience
- PACS:
- -
- DOI:
- -
- Abstract:
- The semantic types of legal obligations, corresponding to different semantic types of legal rights, are divided into legal obligations as duties and legal obligations as obedience. Legal obligations as duties are practically normative, necessarily demanding, prescriptive and mandatory. Legal obligation exerts a certain pressure or social pressure on the obligor, but it is different from sanction or legal sanction. Legal obligation is associated with both misconceptions and responsibleness, but it is different from responsibility or legal responsibility. The difference in origin between legal obligations and other obligations represented by moral obligations determines its difference in nature and content from moral obligations. As far as the difference in nature is concerned, legal obligations are adjudicative and constrained temporally and spatially, while moral obligations are not adjudicative and free from temporal and spatial constraints. The relationship between a legal obligation and its required behavior is a type of relationship that can be realized in reality. The relationship between a moral obligation and its required behavior is a virtual relationship. As far as the difference in content is concerned, on the one hand, legal obligations have a practical purpose and political-ethical content that moral obligations cannot have; on the other hand, although the content of certain legal obligations is derived from moral obligations, legal obligations have specificity, completeness, finality, and the possibility of eliminating uncertainty in the perception of the content of moral obligations in terms of the specification of their content.
Last Update: 2023-04-25