theory law

Person And The Subject Of the Law (Legal Fiction)

“If I’m curt with you it’s because time is a factor. I think fast, I talk fast and I need you guys to act fast if you wanna get out of this.”

Volodymyr Machuskyy Sr.

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

A person may also exist without a Law as a separate entity, but in the case of the existence of only one person, the legislation is nonsense.

At the same time, each person has a law in himself and the movement of law is due to the interpenetration of a law in person and the person in law. The law born inside a person comes out and is combined with the law as an idea.

An intelligent being, realizing himself as a person, having thelaw in himself and the ability to create law to the outside, becomes a subject of law in a legal relationship.

The subject of law realizes itself through relations with other subjects of law. Subjects of law, as speciality, need an inherent contradiction, and the contradiction of speciality is eliminated through generality.

The legislation as special for law, has its origins in the general – the law, and seeks to achieve a separate – the specification of the rights and obligations of the subjects of a law (participants in the legal relationship).

The legal relationship as special for the subjects of a law, having its source separately – the rights and obligations of the subjects of law, seeks to achieve generality – the objectification of the rights and obligations of the subjects of law (participants in the legal relationship).

Buying or selling a car involves a certain contradiction between the buyer and the seller. If the buyer intends to buy a car, the seller intends to sell the same car.

As a result of the intentions and actions of the buyer and the seller there is a contradiction between them. This contradiction is eliminated through a legislation and a legal relations.

Legislation (laws, codes, court decisions) establishes the rules of the contract of sale and, thus, specifies the rights and obligations of the buyer and the seller.

In a legal relationship, the buyer and the seller as persons become subjects of law and objectify their rights and an obligations.

Thus, the car is both the subject of the contract of sale and the object of the legal relationship.

Thus, subjective and objective, the individuality of the subject of law and the generality of law are combined in the law and order.

The law and order unites the distinctive subjects of a law and ensures the realization of subjectivity.

On the other hand, the law and order as a generality for the subject of law is a separate for the law – the purpose of law.

The idea of law as a generality through legislation, as a feature, is embodied in the law and order as a separate.

Since Economics Became a Religion I Don’t Feel at Home in This World Anymore