Human, as lawyerlike entity (I)

Human is ”from nature a social being” (Aristote) , ”God created the human for him to search the meaning of the world already created and to praise the creator” (Pico della Mirandola), ” a reed that thinks” ( Blaise Pascal), ” aim by itsel” (Kant), ” a thing that meditate” ( Rene Descartes), ”homo faber” ( H. Bergson) because the cleverness is the capacity to create artificial things. Like a complete entity, Scheler belived that human is ”the spirit being”, and a spirit being is not longer instictual but free from the world and open to the world. The human is a social being and as for it is a lawyerlike entity. This makes him slave to the rights and obligations of the legal norm.Homo juridicus is the being mark with conscience, intellect,  will, free to action for satisfaction of needs, interests and aspirations.

So we have homo juridicus and the facts. So as a law subject (juridical) I understand a physical person in individual way or a community of people look as the titulary of  subjectives rights and juridical obligations. So first case we have the individual law subject and in second case we have the colectiv subject of law.

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2 responses to “Human, as lawyerlike entity (I)

  1. By definition, a ‘legal person’ is a legal-fiction or legal-entity that is a “role” and “office” under a constructed jurisdiction – a private set of laws, rules and regulations.A man (a wereman or woman) HAS a ‘legal person’.Anyway, the actual definition depends on the law / code being used.

    • There are many definitions of ” legal person”, but each is to its own context, scope or jurisdiction. You can’t take the definition of ‘legal person’ defined under one law or code and use it to apply in another.

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