Genesis of the Grounds and Principles of Philosophical and Legal Understanding of Personality and the Process of its Formation

  • N. Brovko Ph.D in Law, Associate Professor, Associate Professor of the Department of Theoretical and Legal and Socially Humanistic Disciplines of the Bila Tserkva National Agrarian University, Bila Tserkva, Ukraine
Keywords: existentialism, Marxism, morality, culture, subordination to laws, legal consciousness, justice, theology, Freudianism

Abstract

The article analyses the regularities of the process of personality’s formation in the context of the philosophical and legal understanding of its genesis during the main stages of the development of human society. It was established that the main criteria for assessing a full-fledged conscious human personality are will, virtue, and justice, level of cultural education, law-abiding behaviour, and respect for the traditions, customs and mentality of the society in which they live or are temporarily located. Having examined this issue in the historical, theoretical and methodological, psychological and sociological aspects, as well as from the point of view of existentialism, theology, liberalism, Marxism and other philosophical and legal dimensions, the author came to certain logical and scientifically grounded conclusions: 1. A person is an individual who is characterized by the presence of certain anthropological and sociological features, the totality of which is a determining characteristic of his personality. If the first signs of a person are received, so to speak, «in a natural way» and they represent a reflection of its individuality, that is, a certain autonomy in society, then the second one – is a consequence of the assimilation of certain knowledge during the educational process and determine the level of its adaptation to the conditions of existence in a society of its own (socialization). 2. A human being is not born as a person, but becomes one in the process of development, that is, becoming a personality is primarily the result of the processes of education, training and self-education,
self-improvement. 3. Personality, formed as a full-fledged subject of legal relationships that arises during the life of society, must meet certain criteria: first, the ability to overcome his own motives for the sake of something else, socially meaningful, that is, to mediate behaviour; second, the ability to guide his own behaviour consciously, in the context of social relations, communication and substantive activity, carried out on the basis of legal consciousness – conscious observance of universally recognized in the society motives-goals-principles, that establish the rules of socially acceptable relationships in the system of the individual – the society. 4. The level of personality’s development depends on a reasonable balance of the natural desire for satisfaction of needs, as the main element of the spiritual structure of his personality and of the duties undertaken by him, which stem from the conditions of the life in the human community.

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Author Biography

N. Brovko
Ph.D in Law, Associate Professor, Associate Professor of the Department of Theoretical and Legal and Socially Humanistic Disciplines of the Bila Tserkva National Agrarian University, Bila Tserkva, Ukraine

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Section
Anthropology of law