Historical and legal evolution of concepts of legal harm

The subject of this article is the consideration of changes in the understanding and definition of legal harm from antiquity to the present, as well as the historical and legal evolution of the concepts of legal harm and its consequences for the subject of law, the analysis of approaches in this area. The article analyzes the historical roots of the term, its development in various legal systems, the influence of philosophical, social, political and cultural aspects on the formation and development of the concept. In addition, a comparison of the legal regulation of legal harm in different countries and approaches to this concept is carried out, criteria for determining legal harm in different eras are noted, which will help to assess current trends in this area and their reflection in practice. The methodological basis of the study was the comparative historical method, which made it possible to systematize the information available in the literature on legal harm at different stages – from ancient civilizations to our time. The analysis of changing perceptions of the negative consequences of offenses allows us to better understand modern approaches to assessing and compensating for legal harm, as well as to view the relationship with other concepts of legal liability. In ancient times, the concept was based on the following: if one caused damage to another, then he should be responsible for it, thus the ideas of justice and compensation for the damage caused to the victim were the basis. The Medieval era is characterized by the close connection of the concept of good and evil with Christian ethics and morality. Then there is the need to affirm the value of the individual, to recognize the dignity of a person. And subsequently, the term "harm" becomes, first of all, a social concept, and responsibility for its infliction presupposes the operation of the law and compensation for damage to the victim.

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Publication Details

Journal
Genesis исторические исследования
Published
2024-12-01
DOI
https://doi.org/10.25136/2409-868x.2024.12.72727
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Historical and legal evolution of concepts of legal harm

Koroleva Ekaterina
Genesis исторические исследования
Ukrainian Legal and Forensic Studies
article

Historical and legal evolution of concepts of legal harm

Koroleva Ekaterina
article en

Abstract

The subject of this article is the consideration of changes in the understanding and definition of legal harm from antiquity to the present, as well as the historical and legal evolution of the concepts of legal harm and its consequences for the subject of law, the analysis of approaches in this area. The article analyzes the historical roots of the term, its development in various legal systems, the influence of philosophical, social, political and cultural aspects on the formation and development of the concept. In addition, a comparison of the legal regulation of legal harm in different countries and approaches to this concept is carried out, criteria for determining legal harm in different eras are noted, which will help to assess current trends in this area and their reflection in practice. The methodological basis of the study was the comparative historical method, which made it possible to systematize the information available in the literature on legal harm at different stages – from ancient civilizations to our time. The analysis of changing perceptions of the negative consequences of offenses allows us to better understand modern approaches to assessing and compensating for legal harm, as well as to view the relationship with other concepts of legal liability. In ancient times, the concept was based on the following: if one caused damage to another, then he should be responsible for it, thus the ideas of justice and compensation for the damage caused to the victim were the basis. The Medieval era is characterized by the close connection of the concept of good and evil with Christian ethics and morality. Then there is the need to affirm the value of the individual, to recognize the dignity of a person. And subsequently, the term "harm" becomes, first of all, a social concept, and responsibility for its infliction presupposes the operation of the law and compensation for damage to the victim.

Genesis исторические исследования(12)
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Openalex Percentile: Top 59%
Ukrainian Legal and Forensic Studies
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