Publication details
Can Legal Personhood Escape Fictionalism? Může právní subjektivita uniknout fikcionalismu?
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | bundle theory; human rights; legal personhood; legal subjectivity; neo-kantism; philosophy of as if |
| Description | This text focuses on the use of fictionalism in the question of legal subjectivity. First, the basic fictionalist approach will be presented. This is Hans Vaihinger’s neo-Kantian theory, which describes the classic approach to legal subjectivity as fictitious. Subsequently, two alternative approaches to subject of law will be analyzed. The first will respond to theories that explain legal subjectivity from the perspective of human rights. The second approach is Vista Kurki’s bundle theory. In both cases, I will argue that neither approach can do without fictions. Finally, I will explain that the whole problem with fictions simply means a change in mental attitude and evaluation criteria. |
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