Kelsen Jurist Legal Personality Concept
Hans Kelsen, a significant figure in legal positivism, viewed legal personality from a unique perspective. His theory focused on the structure and functioning of legal systems.
Kelsen's Perspective on Personality: Kelsen argued that legal personality, whether for an individual or an organization like a company, is essentially a conceptual tool created by the legal system. The law attributes a bundle of rights and duties to a specific point or center. From this viewpoint, the law assigns personality to both natural persons (individuals) and juristic persons (companies) in a functionally similar way.
Essential Similarity: Therefore, Kelsen concluded that there is fundamentally no difference in the *legal* nature of personality between a company and an individual. Both are treated as subjects of law, capable of holding rights and incurring obligations as defined by the legal order.
The statement reflects Kelsen's analytical approach, where the focus is on how the legal system constructs and utilizes the concept of personality, rather than on inherent ontological differences.
Important Questions from Jurisprudence
- Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?
- Salmond enumerates five characteristics of legal rights. Four such characteristics are
(a) Subject of right
(b) Object of right
(c) Content of right
(d) Title of right
The fifth characteristic is: - Which of the following statements is NOT correct in regard to distinction between Civil and Criminal liability?
- Which of the following could be considered to be advantages of Legislation over Precedent?
(a) Abrogative capability
(b) Fore knowledge
(c) Prospective application
(d) Systematic arrangement
Choose the correction option: - Consider the following statements and point out which statements are related to Positivism
(a) Laws are command
(b) Analysis of legal concept is distinct from Sociological and Historical analysis
(c) Decisions can be deducted logically with recourse to morality
(d) The 'Law as it is' has to be kept separate from 'Law ought to be'
Choose the correct option :
