Phenomenological Inquiries into Gerhart Husserl’s Scientific Work "The Subject of Law and the Legal Person"

Abstract

The scientific work presented by Gerhart Husserl is devoted to the concepts of the ontological nature of the subject of law and a legal person. The author analyzes their specific features using a phenomenological approach and offers original findings. According to the study, the subject of law is regarded as part of the real sphere, while a legal person is seen as an abstract (legal) phenomenon. Gerhart Husserl believes that the subjectivity of law is determined by factors of self-consciousness and personal identity; the subject of law has an individual will, full autonomy, and moral responsibility. As for a legal person, it is considered an artificial construction; its will is determined by collective decisions, and its freedom of action is limited by certain rules. In addition, the responsibility of a legal person is solely legal in nature. The intentionality acting on the subjectivity of law is aimed at one's own consciousness, while a legal person has a functional load. Thus, according to Gerhart Husserl, the distinction between the concepts of the subject of law and a legal person is expressed in their ontological nature, the foundations of origin, specificity of will, scope of autonomy, nature of responsibility, various skills and circumstances.