PERSON AS THE SUBJECT OF THE LAW: DEVELOPING PERSONALIST PHILOSOPHY OF THE LAW.

Personalist studies consider the law as a process with a person as a central essential participant and creator of this process. Therefore, a person as the subject of the law appears to be the subject of a legal relation (in both aspects: theoretical aspect - a person may participate in a relation, a...

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Bibliographic Details
Published in:Appraisal Vol. 8; no. 2; pp. 28 - 35
Main Author: Petlevytch, Nataliya
Format: Article
Published: British Personalist Forum Oct2010
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Online Access:View this record in EBSCOhost
Description
Summary:Personalist studies consider the law as a process with a person as a central essential participant and creator of this process. Therefore, a person as the subject of the law appears to be the subject of a legal relation (in both aspects: theoretical aspect - a person may participate in a relation, and practical aspect - a person participates in concrete relation). In the theory of law a subject of a legal relation is characterised by legal capacity, a power to have subjective rights and duties, and legal active ability, a power to exercise rights and duties by one's own actions. The proposed personalist research is aimed to study these characteristics of a person in legal relations with the Other(s).