On The Basis Of Private Law, The Spirit Of Ethical Personalism

The concept of ethical person of Kant refers to the ability to choose to comply with the categorical imperatives, which were promulgated by transcendental practical reason and it require that the criterion of man should be a universal law simultaneously.The categorical imperatives are the cultural- psychological structure in nature which reflects the ethical customs that have been evolved into being in the long history. Only the man who has the ethical person qualifies the person in law.The essence of Kant's Ethical Personalism lies in the principle that man itself is end and has the free will to choose to obey the categorical imperatives which require that people should regard others as end too. Mutual acknowledgement and respect in relationship shows the grandeur of human being.Autonomy of private law and socialization of private law are always been used respectively to illustrate the features of the civil law of modern times and the contemporary ages. The philosophy of Utilitarianism and Kant's Ethical Personalism have always been acknowledged as the two theoretical basis of autonomy of private law, but Intellectual Utilitarianism is not competent for this task in that it simplifies the complex in-between beings as the single-side man.Because practical reason was replaced by speculative ration and moral behavior was reduced by market behavior according to this theory and as a result many social problems were given rise to, so socialization of private law was put forward as the antithesis of autonomy of private...