Legal Personhood
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Recent papers in Legal Personhood
From the legal point of view, person is not co-extensive with human being. Nor is it synonymous with rational being or responsible subject. Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency... more
A Bill before the New South Wales Parliament attempted to re-frame harm to late-term fetuses as grievous bodily harm to the fetus itself rather than (under the existing law) grievous bodily harm to the mother. To achieve this, the Bill... more
This essay aims to provide an introductory account of Earth Jurisprudence as a legal theory and to examine its claims regarding rights of nature. First, two versions of Earth Jurisprudence qua legal theory are identified: a stronger and a... more
In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David Gunkel approaches the matter from a philosophical and legal... more
U radu autor analizira pravnu prirodu i međunarodnopravni status Bosne i Hercego-vine kao specifične složene države (državne zajednice) kroz prizmu položaja i uloge među-narodnih institucija i organizacija u njoj. U tom smislu, akcenat je... more
Who, or what, is a 'person' according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to... more
There is a growing number of objections to the possibility and the practical use of personhood and theories based on it, particularly in bioethics. Chief on this attack has been the suspicion that many in the philosophical literature have... more
Legal metamorphoses between persons/things have been recurrent in history: Persons can become things, animals can turn into persons, and even ghosts can obtain personhood in the legal domain. Law would work then as a form of magic, a... more
This essay takes as its starting point a recent judgment by the New York State Supreme Court, Appellate Division, which denied habeas corpus from the chimpanzee Tommy. The conclusion of the judgment is not challenged, but rather its... more
The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can... more
What does it mean to be a person? The designation of personhood is given to those entities who have moral and/or legal status, and the significance of the designation varies depending on whether one is contemplating metaphysical, moral,... more
ABSTRACT In un mondo che è alla ricerca di nuove forme giuridiche per tutelare e difendere l’ambiente, l’autore rintraccia il fenomeno della antropomorfizzazione giuridica della natura e delle sue entità. Non si tratta di... more
When should Legal Personhood begin?
Visa Kurki’s A Theory of Legal Personhood is an exciting new volume in the Oxford Legal Philosophy series that successfully undertakes the ambitious project its title promises. It offers a workable and unifying account of legal personhood... more
Riassunto Nel presente articolo l’autore pone l’accento sullo stretto legame che intercorre tra il diritto e la cultura. Il mondo del diritto allo stesso tempo trova spunti di riflessione nella tradizione e diventa manifestazione della... more
El artículo examina la tendencia de los jueces y tribunales a reconocer la personalidad jurídica de los entes naturales, como los ríos. Inicialmente partiendo del precedente judicial pionero de Nueva Zelanda, el estudio luego analiza las... more
Artificial intelligence is experiencing rapid growth, taking centre stage in R&D investments, policy-making forums and academic literature. The protection of AI generated artwork under copyright law is only one of many policy questions... more
Why, if at all, does it make sense to assign some responsibilities to states rather than to individuals? There are two contemporary answers. According to the analogical theory, states can be held responsible because they are moral agents,... more
Процесс концентрации и централизации капитала, обусловленный переходом от натурального хозяйства к товарному привел к изменению экономического представление о юридическом лице, совершенствования правовой составляющей этой конструкции.... more
This paper has as its research problem the following question: what is it like to be an artificial intelligence? It aims to critically analyze the epistemological and semantic aspects developed by Thomas Nagel in What is it like to be a... more
Conferência para o ISMAT - Instituto Superior Manuel Teixeira Gomes, de Portimão, dia 25 de maio de 2020, no âmbito do Ciclo TAKE OF ALGARVE 01.
A Legal Fiction was first conceived as part of a larger work: a film based on an imaginary argument between Bertolt Brecht and Ayn Rand, about the relationship between the courtroom, didacticism, and architecture...The form that this... more
This paper offers a theoretical comparative study concerning the ecological exhortation made by Pope Francis in his Encyclic Laudato si’. The article analyses the role of civil law in setting up the destructive domain of the environment... more
An influential scholarly opinion argues since the 1950's that Christian Wolff coined the modern concept of general legal capacity and legal personhood with the term "persona moralis" in his Law of Nature (1740-1748), and was a precursor... more
This paper will attempt to explore the concept of " human dignity " , its connection to fundamental human rights and its different historical and philosophical interpretations; it will then focus on the impact of the definition of " human... more
RIASSUNTO: Nel presente articolo l’autore analizza l’influsso dei valori culturali nel diritto. Le democrazie moderne si trovano ad affrontare importanti sfide: ascoltare la voce dei popoli che chiedono il riconoscimento dei propri valori... more
paper presented at the Western for human rights plenary session; part of this is part of current completed book manuscript discussing the links between criminalized racial minorities (particularly the prison system) and criminalized... more
http://www.diaphanes.net/titel/whats-legit-6053 Arendt’s criticism of human rights is not that they are powerless — and therefore useless but also harmless. Her criticism is rather that human rights entail disastrous negative effects... more
On April 19th, 2018, Steven Wise, American lawyer and emblematic founder and president of the Nonhuman Rights Project, presented the Spanish edition of his book written in 2000, « Rattling the cage: Toward legal rights for animals », at... more
This chapter considers the production and reception of refugee narratives through the categories of refugee law, and the creation of legal personhood arising out of the 'multiplicity of recognitions' involved in the determination process.... more
This paper has as its research problem the following question: what is it like to be an artificial intelligence? It aims to critically analyze the epistemological and semantic aspects developed by Thomas Nagel in What is it like to be a... more
Debate whether legal persons can be criminally liable has been subject of academic interest and discussions for a long time. Led by Latin phrase "societas delinquere non potest", the vast majority of legal systems did not accept criminal... more
This article has the following research problem: what is it like to be a subject of law? As a general objective, it aims to understand how the subject of law is formed. As a specific objective, it intends to answer the following question:... more
full text available for sixty days, courtesy of Routledge Press, on this link: https://rdcu.be/4fud
This reply addresses the contributions of the book symposium on A Theory of Legal Personhood.
This paper offers a deconstruction of the framing of childhood and child rights as 'disabil-ity' , arguing for a strengthening of the legal personhood of children, based on the revolution of personhood and the re-making of the human... more