The subject of law as a formall-ydogmatic model of human in legal reality: anthropological and legal analysis

Abstract

The article is devoted to the study of the subject of law as a formal-dogmatic model of a person in legal reality. The process of the doctrinal formation of the subject-legal model is traced, four methodological transitions in the legal view of the subject of law are distinguished. The importance of an anthropological and legal approach to understanding a person and his behavior in modern legal reality is substantiated. The anthropological and legal approach is based on the idea, that law is inherently human phenomenon, the main goal and value of which is the person himself, and not his subject-legal model. In this regard, it is proposed to recognize the official nature of legal-conceptual design in relation to the teachings of a person in law. Despite the fact that the formal-defense method underlies the legal regulation of social relations and the legal means created with its help are a guarantee for a person as the main legal value, nevertheless, it is a person, and not his legal structure, is a central element of legal reality and legal system. To know the anthropological and legal properties of a person and their use in legal regulation, an additional level of legal representation of legal personality in relation to the formal-defendant is proposed.