Teisinis personalizmas

Abstract

f) helps to distinguish personal capability from subjective rights; g) balance of rights and duties is achieved by coordination and compromise between participants of legal interrelations, parliamentary fractions; h) by its origin balance of rights and duties is “natural” in the sense, that is created not by government, but originates from equivalent exchange of services between persons: i) law, primary, means not law of a government, but law of a man; j) personal right - is not a characteristic, but social interrelation (agreement), which purpose is to secure mutual interest: k) legal personalism determines primacy of subjective law, and thus require to define and develop objective law according to specifics of subjective law-unity of rights and duties; 1) specifics of subjective law does not take out specifics of modern objective law (in the sense of extent of this specifics), because unity of rights and duties by itself is not able to ensure social stability: under conditions of market economy there are always some categories of people, who are not able to act and guarantee their interests on the basis of uniformity rights and duties. This unity is not valid in the case of incapable persons. Capability (“rights”) of these persons are turned into rights not with the help of obligation, hut only in the case of other persons (society) take responsibility to execute duties (which are necessary to legalise rights of these incapable persons to goods - human rights of second stage) for these incapable persons; m) social stability of modern society is based on synthesis of legal and social justice; n) legal personalism is characteristic only to describe essence of states of democratic societies.