A Genealogy of Personality As A Right: On the Naturalist-Theogonic Nature of Personality Upon A Christian Hypostatic Foundation

Özet

This article investigates the conceptual genesis of "legal personality", challenging the assumption that it is a spontaneous product of Enlightenment rationality or a self-evident biological datum of the human condition. Employing a genealogical methodology, the study advances the hypothesis of the "theogonic naturalism of personality", arguing that the modern subject of law is fundamentally a secularised theological, dogmatic, and mythological construct. The research traces the semantic crisis of the classical prosopon and its transformation into the categories of hypostasis and persona during the Trinitarian and Christological disputes of Late Antiquity. It examines the internalisation of the subject through the works of Augustine of Hippo and Thomas Aquinas, as well as the Pauline dialectic of flesh and spirit. Finally, the article explores the political secularisation of these theological matrices, specifically the divine oikonomia, the messianic calling (klēsis), and the juridical mutation of the corpus mysticum into the persona ficta, demonstrating how modern civil law appropriates these concepts, operating them as a performative fiction (fictio legis) to govern and protect bare life (zoé) from sovereign violence. The article concludes that the autonomy and dignity of the civil subject are the direct legacies of a secularised theological operator.