Hegel on the Dual, Abstract-Specific Nature of the Personality as a Subject of Law: Natural Law and Theological Foundations of Genesis

Abstract

Hegel’s doctrine in the XXI century remains relevant for the Russian politico-legal science due to the deep development of the categorical apparatus and methodological tools for expressing the value nature of law and state. Hegel's doctrine of the subject of law, especially presented in his early works, is one of the little-studied, but at the same time very significant part of his scientific work, the appeal to which should contribute to the further development of the modern system of legal categories. Purpose: to carry out a comparative analysis of the various versions of the Hegelian doctrine of the personality as a subject of law and its genesis, taking into account the peculiarities of natural law and theological pproaches. Methods: the authors use logical, historical-genetic, historical-comparative, systemic method of cognition, as well as the methodology of theoretical and legal comparative studies. Results: in the late philosophical system, Hegel develops the doctrine of the dual nature of the personality as a subject of law: as a specific subject, a person mediates his relationship with other subjects through a single objective thing (qualitative characteristics of the subject), as an abstract subject, a person bases his relations with them on recognition as equal subjects of freedom (quantitative characteristics of the subject). The way to resolve this conflict is through morality. During various periods of his scientific work, Hegel considers the genesis of the personality as a subject of law from a natural law and theological point of view, including the idea of God, while dentifying new substantive aspects of the concept of the subject of law, related to the the historical development of the state and the formation of the rule-of-law state.