행위 유책성의 계량적 성질 고찰

As an effort to improve the reasonability and effectiveness of collective evaluation for liability of behavior, the quantifiable characteristics of liability is presented. Specifically by applying the mathematical concepts of comparability, unequatability, and completeness, the possibility of enhancing social understanding and collective consent for evaluation of liability was examined. First, it is shown that behaviors of human and cases comprised of the behaviors are socially comparable in terms of liability. Behaviors consisted of various factors are not the same as any other case due to the uniqueness of the factors, and thus different cases are unequatable in that they cannot have the same degree of liability. Moreover, behaviors with infinitely various degrees of liability exist infinitely, and along with the standard for evaluating liability set by human reasoning and collective consultation, they show similar characteristics to completeness in the field of mathematics. Because liability is not an absolute or objective concept, its existence cannot be proven through a logical induction process in mathematics or science. However, it is worth examining for a positive contribution to the process and effect of evaluation of liability required by society. In particular, quantifiable characteristics can assist to quantify non-numerical factors of consideration such as phenomena or human emotions, which are factors that are the basis for evaluating liability, and it shows a need for social discussion in that it is an aspect that can be expected to have a valuable use in the future when artificial intelligence technology, which operates based on logic and arithmetic operations, will be introduced and used in the legal field.