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The role of an individual in a group depends on the role of other individuals, context, ideas, and other factors; the individual in a group is never only the individual. If this is confirmed with experiments in social psychology and logic, it is undermined in a liability regime that still largely treats individuals as individuals. This paper thus examines how the present liability forms deal with the individual in groups. Terms such as “take into account the circumstances of the case”, “establish shares in the damage caused”, “the weight of fault”, “the weight of the consequences flowing from the action”, and “fairness” could serve to assert group liability if the latter is previously well documented in social psychology and then accepted by legal scholarship. To better adapt, address and legislate the individual’s liability in groups, this document provides new research directions in the field of groups, based on the new concept of “holistic group liability” introduced, in addition to the existing collective liability, which still treats the individual as a mere part of the group, rather than as a new value arising from relationships with other members, contexts, concepts, and ideas.

The concept of holistic group liability