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Description
  • The person as a legal term is traditionally derived from a human being, either from an individual or a group of people. Hans Kelsen maintains that no such substance really exists. %22The person exists only insofar as he %22has%22 duties and rights; apart from them the person has no existence whatsoever.%22 This is why a human being is construed as an abstract holder of subjective rights rather than the person in a legal sense. This conception results in the normative construction of a person. The person is considered to be a mere point, an ideal and never real fact. Kelsen designates this point as %22personification of the set of norms%22 regulating the conduct of a human being. However, such an entity as the personification of legal norms does not exist in the outer, real world. The legal order may attach legal personality to any segment of the outer world, even to an imagination of something non-existent in the outer world. The relationship between this abstract point and the addressee of duties is called %22assignability%22. This is why the person in a legal sense is, in the normativist perspective, considered to be %22a point of assignability%22. The aim of this article is to describe the approach of pure legal science to a person as a personified set of legal norms or as a point of assignability.
  • The person as a legal term is traditionally derived from a human being, either from an individual or a group of people. Hans Kelsen maintains that no such substance really exists. %22The person exists only insofar as he %22has%22 duties and rights; apart from them the person has no existence whatsoever.%22 This is why a human being is construed as an abstract holder of subjective rights rather than the person in a legal sense. This conception results in the normative construction of a person. The person is considered to be a mere point, an ideal and never real fact. Kelsen designates this point as %22personification of the set of norms%22 regulating the conduct of a human being. However, such an entity as the personification of legal norms does not exist in the outer, real world. The legal order may attach legal personality to any segment of the outer world, even to an imagination of something non-existent in the outer world. The relationship between this abstract point and the addressee of duties is called %22assignability%22. This is why the person in a legal sense is, in the normativist perspective, considered to be %22a point of assignability%22. The aim of this article is to describe the approach of pure legal science to a person as a personified set of legal norms or as a point of assignability. (en)
Title
  • The person at law from the point of view of pure legal science
  • The person at law from the point of view of pure legal science (en)
skos:prefLabel
  • The person at law from the point of view of pure legal science
  • The person at law from the point of view of pure legal science (en)
skos:notation
  • RIV/00216208:11220/13:10120769!RIV14-MSM-11220___
http://linked.open...avai/riv/aktivita
http://linked.open...avai/riv/aktivity
  • I
http://linked.open...iv/cisloPeriodika
  • 1
http://linked.open...vai/riv/dodaniDat
http://linked.open...aciTvurceVysledku
http://linked.open.../riv/druhVysledku
http://linked.open...iv/duvernostUdaju
http://linked.open...titaPredkladatele
http://linked.open...dnocenehoVysledku
  • 95854
http://linked.open...ai/riv/idVysledku
  • RIV/00216208:11220/13:10120769
http://linked.open...riv/jazykVysledku
http://linked.open.../riv/klicovaSlova
  • legal person; point of assignability; Personified set of legal norms; Person (en)
http://linked.open.../riv/klicoveSlovo
http://linked.open...odStatuVydavatele
  • CZ - Česká republika
http://linked.open...ontrolniKodProRIV
  • [6DD9B19E94F1]
http://linked.open...i/riv/nazevZdroje
  • The Lawyer quarterly
http://linked.open...in/vavai/riv/obor
http://linked.open...ichTvurcuVysledku
http://linked.open...cetTvurcuVysledku
http://linked.open...UplatneniVysledku
http://linked.open...v/svazekPeriodika
  • 2013
http://linked.open...iv/tvurceVysledku
  • Beran, Karel
issn
  • 1805-840X
number of pages
http://localhost/t...ganizacniJednotka
  • 11220
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