| Article | From the Legal Subject to the Legal Person |
|---|---|
| Authors | Tokarev V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2014 |
| Pages | 182 - 186 |
| Annotation | The article deals with three conceptual approaches to the definition of the legal subject, the distinction between totalitarian and democratic models of justice is carried out. According to the author, the main purpose of democratic justice is the reintegration of an individual into the community by his recognition as a legal person. In contrast to the classical concept of a legal subject, the notion of legal person integrates formal and psychological definitions. The legal person is a carrier of inalienable human dignity, free to make decisions in a particular situation and to assume responsibility for them. The person’s ability to be a legal person is possible only under the institutional conditions about which justice reminds society pointing to the gap between politics and law and establishing a distance in legal communication. However, any concept of legal subject limits researcher by a certain scientific tradition. In addition, it imposes the model of the matter of jurisprudence upon the reality. As a result the legal subject is unheeded and only some of his structural elements are caught up in the act of reflection. |
| Keywords | legal subject, justice, exclusion, guilt, dignity. |
| References | |
| Electronic version | Download |