Existential "I" and the Law

Abstract

An essay is mainly devoted to determining the balance between the existential 'I' of a Man and Law in the light of the philosophy of existentialism. Attention is drawn to the distinction that has been made so far between jus and lex. For the philosophy of existentialism, it is important because the philosophy of existentialism is exploring the essential and the existential. More precisely, it is exploring the human being, his essence and existence. In this regard, the question is raised as to whether there are generally relevant and binding grounds of law, or whether it is law that amounts to the expression of force and traditions. To this end, a retrospective journey into the history of legal thought is undertaken, beginning with Ancient Greece to the present day. The philosophy of existentialism is a very complex phenomenon in the general line of cognition. The essay provides the author's understanding of this approach. An important place is allocated to characterize the phenomenon of freedom. The author emphasizes the limited nature of the interpretation of freedom as a cognized necessity cultivated in Soviet time and still in use today. The Man, in the exercise of his existential 'I', is exercising his own freedom and commits acts during which he encounters various barriers. In an effort to overcome them, the Man can cause harm to others. This is where lex (a law) outlining the boundaries and the limits of an action comes into force.