History of the concept of legal personality
August 10, 2022 08:56 Source: "China Social Sciences" August 10, 2022 Total 2467 Author: Park Changhe

The rapid development of artificial intelligence technology has aroused the problem of whether artificial intelligence can enjoy rights and performance obligations as the subject of law。Only with the existing legal personality concept,It is impossible to solve the dilemma faced by the current system。Therefore,It is necessary to trace back to the root of the concept of legal personality,Re -understand and confirm the philosophical meaning of the term of personality,To prevent this concept from being abused。

Savini thinks,Subjective rights are the legal power attributable to individuals,The essence of this power exists in the governance of personal freedom,The personality of the legal subject given to the power has the ability to enjoy subjective rights and burden legal obligations,That is the ability of rights。F. Regelsberger said,Promoting a certain existence into personality is the ability,Rights capacity is the ability to make a certain existence become an executor who is rights and obligations。H. Dernburg (H. Dernburg) will be right、Rights subject、Personality is equal to。summary,Legal actors become legal subjects through their rights。That's it,19th -century German Pandekton jurisprudence established the personality concept now。

Personality is officially given individuality、His nature and other significance are from the 4-5th century bet365 best casino games AD,It is derived from the theological controversy of the "Trinity theory" and "Dyophysitism" in European Christianity.。Boethius (Boethius) has coordinated the metaphysics of Amazdo and the New Plato school, Plotinu,advocates the "two natures and personality" of Jesus,Monophysitismus and "TrennungSchristology"。He defines personality as "individual entities with rational nature",This given Jesus' legitimacy of "two natures and personality"。In other words,Reason is the same attributes of God and man。Although this argument has theological purpose,But because of the personality concept here, treat human nature as one of the nature of Jesus,So is also a person's personality concept。From this,Personality concept officially began to have people's rationality、Individuality and physical meaning。

After that, Aquina accepted the personality definition of Bo Aius。He first mentioned the difference between human nature and the human nature of Jesus,Then he talked about the similarity and differences of God and man,It also mentioned the existence of the experience world,That is the person's personality。He said, "Personality means the most complete among nature,That is to say " in the intellectual nature",The integrity here comes from two conditions of personality,that is, as the intelligence of the nature and the independence of the existence method。He thinks,The nature of the content with the ability (will) with intelligence and compliance with intelligence,bet365 best casino games People can surpass their own existence boundaries,Do the good behavior you think。That is,By judging and selection by autonomous judgment and selection of the purpose and corresponding means,The reason why people become their own behavior、Action subject and freedom personality exist。like this,The intelligence instinct of one of the personality conditions is the condition of the status and value of the ethical existence theory,But the condition that actually gives integrity to personality is the self -reliance that individuals with intellectual nature, that is, individuality。That is,Through personality concept,People with a rational "species" collection concept become individual、Independent existence of intelligence instincts and the subject of its will。So,Aquina demonstrated from philosophy and established personality concepts to affirm personal value。

After Aquina,The concept of personality of moral existence has entered modern times,From Locke to the entity that is not different from other existences,That is the personality of objective entity,Instead, the individual subjective subject concept of self -consciousness。Locke thinks,Personality is "rational and reflection,Use your own changes in time and venue,Always the same intelligence existence ",The ability to have rational and thinking and can self -reflection and thinking,And "Personality cannot be separated from thinking,It can only confirm the identity of yourself in the consciousness of Bet365 app download the essence of thinking ",That is, everyone confirms the self -identity of the personality based on the consciousness of the essence of thinking。For him,Elements to maintain the same nature of self -soul or substance that is not an intangible soul or substance,Instead, you can know the "meaning" of yourself,People with this self -consciousness exist as a sense of identity that transcend time and space as a personality body。This self -identity of the personality of personality is associated with the same nature of the responsibility of past behavior。Visible,Locke’s personality concept is the experience formed by self -consciousness、Subjective products,So far,Personality concept has shifted from the previous physical center concept to the concept of self -knowledge,and propose a clear theoretical basis for determining the main body of the action responsibility through self -identity within the scope of the specification。Since then,His personality concept is further expanded by Kant's exploration of practical philosophy。

Kant thinks,People have a rational and rational reasoning and reasonableness of the natural laws of the experience world (phenomenal world) and the practical composition of the moral law of the moral world (knowledge world)。He proposed to the relationship between people who exist and personality in such a rational existence,"Personality makes people go beyond others,Personality is the freedom and independence from the entire natural mechanical order,At the same time, I also obey bet365 best casino games my own inherent、The ability of the existence of the pure practical laws that own the pure practice of their own rationality "。That is,People who are personality do not succumb to natural tendencies,Then realize the obligation of moral laws that exist in the moral world (knowledge world),You can act according to its obligations。He also said,"Personality is the main body of your own behavior,Moral personality is not other,It means that the existence of rational existence in the law of morality,That is, personality is the existence of obeying the rules you formally formulated "。That is,When the law of morality is not derived from external compulsory force,but when it comes from the freedom of human practice,can be identified as a real rule,The personality of the personality is not through freedom itself,Instead, experience real freedom through the moral rules of freedom。This,Freedom is the existence of the law of morality,The law of morality is the basis of freedom,These two form a relationship with each other。This kind of freedom and moral law similar to the relationship between the two sides of the coin constitute personality。

Kant's pen as a person who is a personality,Just as a practical reason to find the moral law,At the same time, get rid of natural tendencies and use the rules of morality to actively perform the existence of self -discipline according to the free will。"People just rely on their own freedom of self -discipline power to become the existence of sacred moral laws。"Bet365 lotto review " That is to say,The personality composed of freedom and morality to obtain sacred and inviolable absolute dignity,That is, not as tools or means under any circumstances,instead as "purpose itself"。This sacred and inviolable personality establishes an ethical basis in the concept of existing subjective rights。This means,Subjective rights have the basic conditions for the content of the moral freedom that fully belong to individuals。This personality concept is associated with legal personality,Except the existing legal personality definition,The form of the ability to have subjective rights,The meaning of moral status that can realize moral freedom in the freelance field that can be achieved in the free area of ​​subjective rights,This ultimately affects the personality concept of the PandCton law represented by Savini。

In fact,Starting from the ancient Roman law,Representative of the rights and obligations in legal relations,Legal terms similar to legal personality exist。but,In addition to the practicality of legal use,The legal personality concept we now use is affected by the personality concept sorted out in the trend of long -term ideological history。Generally speaking,Personality concept develops into a "species" concept that is different from human beings,At the same time, make people more user -friendly,upgrade the concept of human beings into a freedom moral subject。For the standard system,Although the law and morality are different,But the value of the two sides shared the value of the bet365 live casino games standard existence theory,This fact cannot be ignored on the issue of giving its subject status。

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