Legal Subjectivity Issue in Eastern Discursive Practices: Problem stating

Introduction. The article deals with the problem of understanding legal subjectivity; it is noted that the image, social purpose and ontological essence of the subject of legal relations itself depends on the type of legal understanding. The Eastern legal tradition, in contrast to the individualistic Western one, revealed a collective subject to the world. Individuality of this subject is maintained in potency and manifests itself only under special conditions and within a certain social structure. To understand legal subjectivity in the civilisational (broad) sense, a new approach taking into account the diversity of human existence forms is needed. Methods. This article proposes a post-classical anthropological legal approach that highlights the contextuality of legal phenomena and actualises their relativity. Results. The article provides evidence that legal subjectivity is not reducible to individualistic interaction alone. Eastern cultures shape legal identity differently, and discursive practices highlight different variations of mutual recognition in which the individual, status group and society as a whole act towards each other with different degrees of dominance. The author argues that each culture creates its own ideal image of a human being in the world of law: sometimes it acts as a “creator”, sometimes as a “creation”, and sometimes it combines both at the same time. This, in turn, implies a certain set of values that adapt a person to the social system in which he actually lives and realises his socially significant needs. The article actualises the idea that legal subjectivity is a construct formed by a person as a social being at all stages of his formation, potentially claiming a universal legal order.

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Publication Details

Journal
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Published
2024-12-26
DOI
https://doi.org/10.35750/2071-8284-2024-4-31-39
Primary Topic
Law in Society and Culture
Type
article
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article

Legal Subjectivity Issue in Eastern Discursive Practices: Problem stating

Irina Lomakina
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Law in Society and Culture
article

Legal Subjectivity Issue in Eastern Discursive Practices: Problem stating

Irina Lomakina
article en

Abstract

Introduction. The article deals with the problem of understanding legal subjectivity; it is noted that the image, social purpose and ontological essence of the subject of legal relations itself depends on the type of legal understanding. The Eastern legal tradition, in contrast to the individualistic Western one, revealed a collective subject to the world. Individuality of this subject is maintained in potency and manifests itself only under special conditions and within a certain social structure. To understand legal subjectivity in the civilisational (broad) sense, a new approach taking into account the diversity of human existence forms is needed. Methods. This article proposes a post-classical anthropological legal approach that highlights the contextuality of legal phenomena and actualises their relativity. Results. The article provides evidence that legal subjectivity is not reducible to individualistic interaction alone. Eastern cultures shape legal identity differently, and discursive practices highlight different variations of mutual recognition in which the individual, status group and society as a whole act towards each other with different degrees of dominance. The author argues that each culture creates its own ideal image of a human being in the world of law: sometimes it acts as a “creator”, sometimes as a “creation”, and sometimes it combines both at the same time. This, in turn, implies a certain set of values that adapt a person to the social system in which he actually lives and realises his socially significant needs. The article actualises the idea that legal subjectivity is a construct formed by a person as a social being at all stages of his formation, potentially claiming a universal legal order.

Vestnik of the St Petersburg University of the Ministry of Internal Affairs of RussiaVol. 2024(4)
Kazan Law Institute (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Law in Society and Culture
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