The Right of the Soul in Legal Philosophy

This study is an attempt to construct a concrete and inviolable "bulwark" against the deconstruction of personality—a process that has likely been occurring unconsciously yet systematically within modern society and legal philosophy. By philosophically clarifying the preconditions of personality rights, this paper aims to express the invisible "whittling away of the soul" as a geometric area and presents a new horizon for human rights theory, ensuring respect for the "subject breathing here and now". Within the history of philosophy, this represents a non-novel integrative theory that redefines the Platonic and Aristotelian concepts of the soul as a secular structure through the lenses of phenomenology and neuroscience, presenting it as the ontological foundation of personality rights.

Authors

Publication Details

Journal
Knowledge Commons (Lakehead University)
Published
2026-03-02
DOI
https://doi.org/10.17613/g16bx-2se38
Primary Topic
Philosophical Ethics and Theory
Type
article
Field-Weighted Citation Impact
0.00
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article

The Right of the Soul in Legal Philosophy

Hirofumi Miyauchi
Knowledge Commons (Lakehead University)
Philosophical Ethics and Theory
article

The Right of the Soul in Legal Philosophy

Hirofumi Miyauchi
article en

Abstract

This study is an attempt to construct a concrete and inviolable "bulwark" against the deconstruction of personality—a process that has likely been occurring unconsciously yet systematically within modern society and legal philosophy. By philosophically clarifying the preconditions of personality rights, this paper aims to express the invisible "whittling away of the soul" as a geometric area and presents a new horizon for human rights theory, ensuring respect for the "subject breathing here and now". Within the history of philosophy, this represents a non-novel integrative theory that redefines the Platonic and Aristotelian concepts of the soul as a secular structure through the lenses of phenomenology and neuroscience, presenting it as the ontological foundation of personality rights.

Knowledge Commons (Lakehead University)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Philosophical Ethics and Theory
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