The idea of the moral and legal person in metaphysical realism

Abstract

In this paper we intend to explain from a legal-philosophical perspective, the evolution and the relationship between the legal concept and the philosophical concept of “person”. We briefly examine the origin and the evolution that this notion has had in western tradition, and the idea that legal naturalism has elaborated to sort out the positivist objection related to the fact that the concept of person is exclusively a legal construction that has nothing to do with the metaphysical or existential concept of person, understood as human being. After examining classical and modern metaphysical realism, we inclined towards understanding the concept of person from a logical-semantic perspective, following G. Frege’s doctrine.