Article title Methodological Problems of Cognition Responsibility of Subject of Law
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2014
Сторінки [187-194]
Annotation Positive order in the society, as well as different breakdowns in legal regulation, helpless behavior of subjects of law or rather skilful flouting of the law and its evasion – all of these factors are ultimately the work of subjects of law themselves. The knowledge about a subject of law in our jurisprudence is mostly confined to the idea of them as of a person that has legal capacity and competence. One can believe that such knowledge is passive, as it denotes the subject of law that is completely quiescent (legal capacity is a potential possibility of having rights and legal obligations; legal competence means an ability to exercise rights and fulfill legal obligations through one’s actions, but not their fulfillment). It is becoming more and more evident that we need to acquire the knowledge about a dynamic subject of law, an active one. Apparently the first step that should be taken in this regard is to find out which qualities (characteristics) of a subject of law help and enable them to «fit into» or «fall within» the law and thus pursue certain goals. The author of this article makes an attempt to shed some light in this respect on the unknown or insufficiently known aspects of what may seem perfectly known.
Keywords subject of law, inner freedom, legal awareness, social responsibility, nature of responsibility, positive legal responsibility, purpose of positive responsibility.
References