Social Identity and Legal Personality – Collective Entities as Legal Entities?

The paper argues that the legal-theoretical treatment of the issue of promoting certain collective entities to the status of legal entities cannot be satisfactorily accomplished within the methodological models of either Hart’s analytical jurisprudence or Kelsen's Pure Theory of Law. The questi...

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Autor principal:	Miodrag Jovanović
Formato:	article
Lenguaje:	EN FR SR
Publicado:	University of Belgrade 2016
Materias:	Anthropology GN1-890
Acceso en línea:	https://doaj.org/article/9dafc1ece0b648c2965877b93c2f0531
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id	oai:doaj.org-article:9dafc1ece0b648c2965877b93c2f0531
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spelling	oai:doaj.org-article:9dafc1ece0b648c2965877b93c2f05312021-12-02T07:22:07ZSocial Identity and Legal Personality – Collective Entities as Legal Entities?0353-15892334-8801https://doaj.org/article/9dafc1ece0b648c2965877b93c2f05312016-02-01T00:00:00Zhttp://eap-iea.org/index.php/eap/article/view/277https://doaj.org/toc/0353-1589https://doaj.org/toc/2334-8801The paper argues that the legal-theoretical treatment of the issue of promoting certain collective entities to the status of legal entities cannot be satisfactorily accomplished within the methodological models of either Hart’s analytical jurisprudence or Kelsen's Pure Theory of Law. The question of the conceptualization of collective rights proves to be largely a question of justification rather than one of mere analysis or description. In this sense, the paper proposes to elucidate various aspects of the problem of the legal shaping of the social identity of relevant collective entities with the purpose of constructing legal personality. The first section of this paper briefly shows that the question of legal personality is a general problem of legal theory, and that there is consequently nothing specifically new about collective entities as potential legal entities. The second section of the paper considers in greater detail the social and legal "construction of diversity", on which the concept of collective rights is based. Finally, the paper suggests that the legal theory of collective rights can hardly accomplish these tasks without recourse to the methodological apparatus of both sociological and anthropological disciplines.Miodrag JovanovićUniversity of BelgradearticleAnthropologyGN1-890ENFRSREtnoantropološki Problemi, Vol 4, Iss 3, Pp 225-239 (2016)
institution	DOAJ
collection	DOAJ
language	EN FR SR
topic	Anthropology GN1-890
spellingShingle	Anthropology GN1-890 Miodrag Jovanović Social Identity and Legal Personality – Collective Entities as Legal Entities?
description	The paper argues that the legal-theoretical treatment of the issue of promoting certain collective entities to the status of legal entities cannot be satisfactorily accomplished within the methodological models of either Hart’s analytical jurisprudence or Kelsen's Pure Theory of Law. The question of the conceptualization of collective rights proves to be largely a question of justification rather than one of mere analysis or description. In this sense, the paper proposes to elucidate various aspects of the problem of the legal shaping of the social identity of relevant collective entities with the purpose of constructing legal personality. The first section of this paper briefly shows that the question of legal personality is a general problem of legal theory, and that there is consequently nothing specifically new about collective entities as potential legal entities. The second section of the paper considers in greater detail the social and legal "construction of diversity", on which the concept of collective rights is based. Finally, the paper suggests that the legal theory of collective rights can hardly accomplish these tasks without recourse to the methodological apparatus of both sociological and anthropological disciplines.
format	article
author	Miodrag Jovanović
author_facet	Miodrag Jovanović
author_sort	Miodrag Jovanović
title	Social Identity and Legal Personality – Collective Entities as Legal Entities?
title_short	Social Identity and Legal Personality – Collective Entities as Legal Entities?
title_full	Social Identity and Legal Personality – Collective Entities as Legal Entities?
title_fullStr	Social Identity and Legal Personality – Collective Entities as Legal Entities?
title_full_unstemmed	Social Identity and Legal Personality – Collective Entities as Legal Entities?
title_sort	social identity and legal personality – collective entities as legal entities?
publisher	University of Belgrade
publishDate	2016
url	https://doaj.org/article/9dafc1ece0b648c2965877b93c2f0531
work_keys_str_mv	AT miodragjovanovic socialidentityandlegalpersonalitycollectiveentitiesaslegalentities
_version_	1718399467766415360

Social Identity and Legal Personality – Collective Entities as Legal Entities?

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