The Limits of Liability: Structural Attribution of Legal Responsibility Beyond Judgement

This paper examines the structural conditions under which legal responsibility can be justifiably assigned, especially in cases where the subject is cognitively, psychologically, or ontologically incapable of moral judgement. Using the Judgemental Triad (Constructivity, Coherence, Resonance), we analyze the foundations of legal judgement and show that when judgement is not structurally possible, traditional frameworks of liability collapse. We then propose criteria for structurally legitimate substitution of legal responsibility, outlining the ethical limits of legal personhood in cases involving infants, Al systems, and mentally incapacitated individuals.