The paper focuses on the derivation of the constitutive law for a material containing flat, planar microcracks. The damage law is derived from the dissipation potential in conjunction with the orthogonality principle. The dissipation potential is shown to exist in the space of conjugate thermodynamic forces related to the stress intensity factors. Both brittle and ductile materials are considered within the framework of the small deformation theory and the time-independent processes.

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