Can a name be the object of identity rights
can become the object of identity rights.
The name assumes the responsibility of representing a group or individual and indicating a rank Social functions such as identity, regulating marriage relationships, making up for shortcomings in fate, referring to special things, reflecting social evaluation, and condensing the essence of civilization. The function of a name to represent a group or individual, indicate hierarchical status, refer to special things, and reflect social evaluation has legal significance. In fact, the essence of the personality right of the right to name is discussed against the background of the modern codification era. In the pre-codification hierarchical society, names represented certain status relationships. It was the function of names to “show hierarchical status” that determined that “names can become the object of identity rights.” The right to name has indeed existed in the form of identity rights in history.
First of all, the surname in the name represents a certain identity relationship.
Surnames are generally inherited from generation to generation, so it The most important function it plays is blood differentiation, that is, group differentiation. Under certain conditions, surnames can also play a role in individual distinction and identity distinction. Because in a hierarchical society, the surname itself means high or low. From a micro perspective, parental rights, husband's rights, kinship rights, etc. can all be reflected through a specific surname. Because of this, German scholar Modier and others put forward the view that the right to name is the right of relatives (that is, the right of identity). They believe that name rights mostly arise from kinship relationships, so name rights are part of kinship rights. This point of view demonstrates that the right to name is a kind of identity right from the perspective of surname.
Secondly, the first name in the name represents a more specific identity relationship.
It can be seen that we can use names such as line generation, font size, etc. The system can easily determine the social cognitive factors such as superiority, blood race, parents, marriage, heirs, brothers and sisters of different people, thereby determining whether there is a certain kinship between them, what kind of kinship they have, and thus What are the resulting rights and obligations? Therefore, names can become the institutional abstraction of identity relationships under a strict hierarchy. A specific name is a specific identity, and a specific name means specific rights and obligations in identity relationships. It is in this sense that the right to name is a kind of identity right.
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