CAPASITY OF A PERSON AS A SUBJECT OF LAW THROUGH THE PRISM OF THE MAIN TYPES OF LEGAL THINKING
Journal Title: Порівняльно-аналітичне право - Year 2018, Vol 3, Issue
Abstract
The article deals with the problem of the interpretation of the capacity as a characterization of the subject from the standpoint of the main types of legal thinking: the legal and natural-legal. The scientific incorrectness of understanding of capacity in the context of legism, its incompatibility with democratic values and principles is emphasized. The humanistic essence of capacity is shown from the standpoint of the naturalist approach. The emphasis is on the understanding of the legal capacity of a person-personality as a real opportunity to freely exercise their natural rights and fulfill the duties assigned to it. It is shown that from the standpoint of the natural-legal approach, the capacity of a person as a subject of law is a manifestation of his self-determination, the basis for his self-realization as a person, in contrast to the legist interpretation of capacity as a performance of normative obligations to the state.
Authors and Affiliations
В. М. Братасюк
Keywords
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