Volodymyr Machuskyy
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 movement of the Law
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