Understanding the Law: the Person

Volodymyr Machuskyy

Understanding the Law is determined at least two things - a permanent self identity of the society and the Law by itself, as a general. The society is constantly identifies itself at each stage of its development through the understanding of the law and permanence of such identification makes it difficult to create a universal concept of the Law.

Each stage of development of society is characterized by its own understanding of the law. In this sense, "Chinese philosophers" of Roscoe Pound, "everything real is rational" of Georg Hegel or "Triangles" of Benedict Spinoza are not compatible with each other due to different stages of development of society, and not because of differences in thinking.

The Law by itself, as a general trying to reach an infinity, and hence there is the potential for the existence of an infinite number of concepts of the Law. Very likely the attempts to create a comprehensive concept of the Law from the perspective of modern legal thinking are doomed to failure.

The movement of the Law determines the possibility of staying the Persons in three states: a general, a particular and a single. The Person as a single is a rational being, realizing himself as the Person, and answers the question "what" (the cause). The subject of law as a purticular is the Person as act in legal relationship and answers the question "how" (the action). The Person of Law as a general is the purpose of the Law and  answers the question "why" (the purpose).

The development of the Person is carried out from the single through the particular to the general, and thus the idea of Law from the Person through the subject of the Law embodied in the Person of the Law.

Primitive physical being absorbed by society and has no self-interest. Realizing different from other such creature becomes a Person, but at first only in the social and psychological sense. In a legal sense, such a person is only an object. The ability of a person to become the subject of the Law due to the development of the Person and is connected with awareness of the Law within yourself.

The Law as an idea is a self-sufficient and can exist indefinitely without a person but the exercise of the Law without the Person is an impossible and hence, the Law as legal regulation can not be the Law for no one.

A person can also exist without the Law as a single, but if there is only one person the legal regulation is nonsense in general. At the same time, everyone has the Law in himself and the movement of the Law is due to the interpenetration of the Law in the Person and the Person in the Law.

Originated within the person the Law comes out and connects with the Law as an idea. Intelligent beings, (having the Law within himself and the ability to create the Lawt outside) becomes a subject of the Law in the legal relationship.

Understanding the Law: the subject of the Law in a legal relationship
Understanding the Law: the movement of the Law