Сущность правоспособности человека

Today, the problem of legal capacity is acquiring new reading within the anthropological approach to the right. It is impossible to understand the human dimension of law without reference to the nature of legal capacity. Today, this anthropological approach is all the more relevant in the light of the necessity to compensate the formalism of modern legal and state law, as well as the legal concepts, which recognize this form of right as right in general. In my article, I solve the problem of determining the legal ability of human beings through overcoming conventionality, allegory, concept of the ability of legal science, and also through using of this concept in its basic strict meanings. So, I understand the legal capacity as not just the legal entities that make possible their responsibility for their actions, but psychological characteristics of a person, allowing approaching them as to the legal merits, independent legal value. As a consequence, I justify the idea that in the context of the traditional for legal theory narrow understanding of the phenomenon of legal ability commensurate with the recognition of the law in force in one form – in the form of a legal right, the problem of human rights cannot be solved, the man himself in the fullness of their social properties do not exist in legal sphere, and the concept of legal capacity is, on the one hand,  is a purely instrumental, conventional concept, on the other hand, it is an ordinary ideologeme. In the present article, I also define and reveal the contents of the semantic legal capacities inherent to man as the legal merits. legal capacity; ability; subject of law; legal entity; claim; subjective right; legal personality; legal thinking; legal consciousness Adams D. Skepticism and the Apologetics of Canadian Journal of Law and Jurisprudence 3 (1990): 69–90. Aoi H. Significance and Limits of Principles-Oriented Thinking. Theory: Positivism and Conceptual Analysis: Proceedings of the 22nd World Congress, Granada, 2005. Ed. J.J. Moreso. Stuttgart: Franz Steiner Verlag, 2007, volume I, pp. 174–180. Arkhipov S.I. Subject of Law: A Theoretical Study. St. Petersburg: R. Aslanov’s Law Center Press Publisher,  2004. 469 p. (In Russian). Bachinin V.A. Encyclopedia of Philosophy and Sociology of Law. St. Petersburg: R. Aslanov’s Law Center Press Publisher, 2006. 1093 p. (In Russian). Cooley Ch.H. Human Nature and the Social Order. Moscow: Idea-Press Publisher, 2000. 320 p. (In Russian). Cowan D. Legal Consciousness: Some Observations. Modern Law Review 67.6 (2004): 928–958. Douzinas C. End of Human Rights: Critical Thought at the Turn of the Century. Oxford: Hart Publishing, 2000. 420 p. Engel D. Does Law Matter in the Constitution of Consciousness?. How Does Law Matter?. Eds. B.G. Garth and A. Sarat. Evanston, IL: Northeastern University Press, 1998, pp.109–44. Fineman M.A. The Social Foundations of Emory Law Journal 54 (2005): 201–238. Gadzhiev G.A. Ontology of Law (A Critical Study of the Concept of Reality). Moscow: Norma Publisher: INFRA-M Publisher, 2014. 320 p. (In Russian). Hart H.L.A. Punishment and Responsibility: Essays in the Philosophy of Law. Oxford: Oxford University Press, 2008. 277 p. Holmes O.W., Jr. Path of the Law. Auckland, New Zealand: Floating Press, 2009. 42 p. Kramer M.H. What Is Philosophy?. Metaphilosophy 43.1–2 (2012): 125–134. Lanovaya G.M. Spatial and Temporal Certainty in the System of Characteristics of Space and Time 4 (2012): 74–77. (In Russian). Lanovaya G.M. The Subjective Side of the Right and Its Characteristics as Criteria for Distinguishing Types of Rights. Actual Problems of Formation and Improvement of Public Relations Standards. Proceedings of the 8th Interregional Scientific and Practical Conference (June 4, 2013). Smolensk: Smolensk Regional Branch of Moscow Institute of Public Administration and Law Publisher, 2013, pp. 51–55. (In Russian). Levi E.H. An Introduction to Reasoning. Chicago: University of Chicago Press, 2013. 128 p. Lobel O. The Paradox of Extralegal Activism: Critical Consciousness and Transformative Politics. Harvard Law Review 120.4 (2007): 937–988. Luhmann N. A Sociological Theory of Law. London: Routledge, 2013. 472 p. Luhmann N. Law as a Social System. Oxford: Oxford University Press, 2008. 512 p. Malakhov V.P. General Theory of Law and State. On the Problem of Law Understanding. Moscow: UNITY-DANA Publisher, 2013. 144 p. (In Russian). Malakhov V.P. Myths in the Modern General Theory. Moscow: UNITY-DANA Publisher, 2013. 151 p. (In Russian). Malakhov V.P. Philosophy of Law. Ideas and Suggestions. Moscow: UNITY-DANA Publisher, 2008. 391 p. (In Russian). Malakhov V.P. Philosophy of Law. Moscow: UNITY-DANA Publisher, 2007. 336 p. (In Russian). Maltsev G.V. Social Foundation of Law. Moscow: Norma Publisher, 2007. 800 p.  (In Russian). Maltsev G.V. Understanding of Law. Approaches and Challenges. Moscow: Prometey Publisher, 1999. 419 p. (In Russian). Marmor A. Philosophy of Law. Princeton, NJ: Princeton University Press, 2010. 184 p. Matuzov N.I. Actual Problems of the Theory of Law. Saratov: Saratov State Academy of Law Publisher, 2004. 512 p. (In Russian). Maximov S.I. Reality: Experience of Philosophical Understanding. Kharkov: Pravo Publisher, 2002. 328 p. (In Russian). Nekam A. Personality Conception of the Entity. Cambridge, MA: Harvard University Press, 1938. 131 p. Petrazhitsky L.I. Theory of Law and State in Connection with the Theory of Morality. St. Petersburg: Lan’ Publisher, 2000. 608 p. (In Russian). Pirie F. Anthropology of Law. Oxford: Oxford University Press, 2013. 288 p. Pyatkov  D.V. Phisical Face of  Civil Lawyer 1 (2012): 33–37. (In Russian). Rosen L. Law as Culture: An Invitation. Princeton, NJ: Princeton University Press, 2006. 230 p. Samuel G. Epistemology and Method in Law. Aldershot: Ashgate Publishing Ltd, 2003, 384 p. Sigalov K.E. Establishing Law within Time. Space and Time 4 (2011): 104–112. (In Russian). Sigalov K.E. Spatial and Temporal Characteristics of the Right. Space and Time 1 (2013): 69–75. (In Russian). Silbey S.S. After Consciousness. Annual Review of Law and Social Science 1 (2005): 323–368. Sinchenko G.C. Philosophical and Images of a Human. Omsk: Omsk Academy of the Russian Interior Ministry Publisher, 2001. 240 p. (In Russian). Smith B. Legal Personality. Yale Law Journal 37.3 (1928): 283–299. Smith M.N. The Law as a Social Practice: Are Shared Activities at the Foundations of Law?. Theory 12.03 (2006): 265–292. Stolyarova O.E., ed. Ontology of Artifacts: the Interaction of ‘Natural’ and ‘Artificial’ Life-World Components. Moscow: Delo Publisher, 2012. 456 p. (In Russian). Supiot A. Homo Juridicus: On the Anthropological Function of the Law. London: Verso, 2007. 246 p. Troubetskoi E.N. Encyclopedia of Law. St. Petersburg: Law Institute Publisher, 1998. 183 p. (In Russian). Malakhov, V. P. Essence of Capacity of Space and Time 1/2 (2015): 170–175. (In Russian). Fixed network address 2226-7271provr_st1_2-19_20.2015.51.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.