Personality, person, subject in Russian legal philosophy at the turn of the twentieth century

Elena Pribytkova

pp. 209-220

in: Nikolaj Plotnikov (ed), The Discourse of personality in the Russian intellectual tradition, Studies in East European Thought 61, 2009.

Abstract

The problem of the legal person is a central issue in legal philosophy and the theory of law. In this article I examine the semantic meaning of the concept of the person in Russian philosophy at the turn of the twentieth century, considered to be the "Golden Age" of Russian legal thought. This provides an overview of the conception of the personality in the context of different legal approaches (theory of natural law, legal positivism, the psychological legal doctrine, and the sociological school of law). I indicate a polemic among the theories of the person and attempts to create an integral concept of the legal subject. In addition I present an analysis of the relation between the concepts of the legal subject and the moral person, which personify fundamental features of law and morality. In order to demarcate the notions of individual and the legal subject, I focus on doctrines of the artificial person or the juridical person.