Subject and Keywords:
subject ; legal subjectivity ; liberty ; rationality ; responsibility ; autonomy ; equity ; paternalism ; consumer ; entrepreneur ; homo oeconomicus ; individualism ; collectivism ; liberalism ; consumer society ; information society ; modernity ; postmodernity ; market
The book contains an analysis of the concept of subjectivity in private law, taking into account the historical variability of both the concept of subjectivity and its determinants. The author employed a research approach consisting in presenting the concept under consideration in groundbreaking moments for civil law, drawing attention to phenomena that show the current crisis of the notion of subjectivity formulated at the turn of the 19th and 20th centuries. Modern subjectivity was based, in my view, on the same assumptions as the entire modern social order. It was an element of an order based on the cooperation of rational individuals, while the subject was to be a rational individual, and therefore a predictable and disciplined individual. Of great importance was the role played by the ‘mythical’ context that was accompanied during this period by the introduction of a new vision of the subject to the law. This operation became an element of the process of introducing a new social order that also embraced the symbolic sphere. The replacement of the traditional-religious social order with a new one, based on the concept of instrumental reason, was accompanied by an act which the author describes as the ‘substitutions of myths’: old community myths were replaced by the myth of a rational individual, itself one of the manifestations of the myth of progress. The image of the subject formed in this way, built on the foundation of Enlightenment and liberal ideas, was of a foundational character, as it became the starting point for the modifications which it was next subjected to.