Concepto filosófico y concepto jurídico de persona

Abstract

Itis known that the philosophical concept and the juridical concept of man are different. Person in the juridical sense expresses man's condition as a subject of rights and duties; that is, the role which man plays in the juridical order. In the philosophical sense, on the other hand, person is the concept which expresses the ontological condition of intelligent and free being, which is proper of mano The existence of fundamental or natural rights (understood as rights which are inherent to man's condition -especially the right to Iife) places in crisis any theory which makes the origin of the juridical personality depend upon any fact added to the very condition of mano Every man is person in both the philosophical and juridical senses; any legislation which does not recognize this identity is therefore unjust.