6
21.
Personalism opposes individualistic selfishness and maintains that, since one cannot
find “spiritual and social salvation” in oneself, a person only exists with regard to others.
Personalism states there is a unit of human gender (in space and time), being humanity one
and undividable, and having the human gender one history and common destinations.17 For
personalism, values are of crucial importance for human beings and “education and
persuasion” have preeminence over coercion.18 In synthesis, according to Monier, human
beings are “spiritual beings”, constituted in such by a form of “independence in their being”,
through their “adhesion to a hierarchy of values freely adopted,” besides being “assimilated
and lived with assuming a responsible commitment."19
3.
Juridical Personalism and Subjective Law.
22.
In my opinion, personalistic thinking is forever relevant. Each human being is a subject
of law. Actually, the notion of subject bursts into human knowledge without limiting itself to
the conceptual universe of Law. It transcends it, and, with regard to human beings it always
reaches the domain of the tradition of philosophical thoughts and anthropology. The condition
of subject accompanies each human being throughout his entire existence, from the time of
birth until death, and it transcends the mutations generated by the passing of time throughout
a lifetime; likewise, it accompanies them in their relationships with others.20 The condition of
subject affirms the autonomy of each human being, that goes on to relate with others and
their social environment guided by their conscience. In the latter, each human subject finds
their self-affirmation and builds their life project, seeking to fulfill their aspirations during their
lifetime. In synthesis, each human being self-affirms himself in his condition of subject.21
23.
But the need to regulate human or social relationships leads one back to juridical
thoughts, to the science of Law, to the construction of subject of law and their attributes. With
this, the legal code seeks to regulate each person’s sphere of liberty, in the realization of their
life project and their purposes, with the due respect for the rights of others. The regulation of
relationships between subjects of law covers different spheres of human activity, specifically,
the relationships of each subject of law both with public power and other individuals.
24.
As weighed in with lucidity by Gustav Radbruch, the concept of subject of law, as of
that of person, is basically a concept of equality, "within which not only is the weak is
compared to the powerful, or the rich with the poor, but also the weak personality of the
individual with the gigantic personality of the collective person."22 Thus the importance of
always maintaining the equality of people present: equality before law and the equal legal
.
21.
17
18
.
E. Mounier, Personalism, Notre Dame, University of Notre Dame Press, 2001 [reprint], pages 19-
Ibid., pages 69 and 42.
.
C. Díaz, Emmanuel Mounier (Un Testimonio Luminoso), Madrid, Edic. Palabra, 2000, page 248,
and cf. pages 249-251.
19
.
E. Morin, La méthode - tome 5: L'humanité de l'humanité, Paris, Éd. Seuil, 2001, pages 78-79
and 85.
20
21
.
Ibid., pages 313, 232, and 330.
22
.
G. Radbruch, Filosofia do Direito, 4a. ed. rev., vol. II, Coimbra, A. Amado Ed., 1961, page 17.
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