Sheliazhenko Y. Legal Foundations of Personal Autonomy of Private Persons and Organizations: Theoretical Aspect

This thesis presents the first comprehensive study of legal theory of personal autonomy of private persons and organizations, which is the concept innovative for the terminology of jurisprudence, constructed as a synthesis of concepts of person, organization, autonomy, privacy, and legal order. Personal autonomy of private persons and organizations is defined as the inherent legal order of self-ruled existence of an individual (person, group of persons), natural (human, other beings) or artificial (social, technical systems), which shows independence from individual influences and public political power. Indicators of personal autonomy of private persons and organizations are described for further application in practical inquiries whether an entity should be recognized as a person before the law (a subject of law), namely: individual self-determination (identity); independence of existence according to the own laws by virtues of the autonomy of matter, autonomy of will, and sovereignty of reason; the ability to be the primary source of one's own inalienable rights; the practice of subjective rights and obligations; freedom of choice of legal means of realization of legitimate interests; the capacity, revealed in legal processes and relations, to develop freedom on the basis of legal experience of responsibility. Mathematical models of personal autonomy are proposed, where rights and duties are defined as a functional relation between quantitative expressions of causal existence (freedom) and consequential existence (responsibility), and autonomy is represented by the legal balance of rights and duties, as a connection between unit and unity. Computer models of personal autonomy are proposed, e.g. programs generating legal judgments. Theoretical model of the evolution of personal autonomy has been developed, which includes three stages of self-organization and other.