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Legal Personhood: Animals, Artificial Intelligence and the Unborn

Part of the Law and Philosophy Library Book Series (volume 119)

Editors: Kurki, Visa A.J.; Pietrzykowski, Tomasz

DOI: 10.1007/978-3-319-53462-6

ISBN: 978-3-319-53461-9

Publisher: Springer International Publishing - Springer Journals

Mar 24, 2017

1 - 10 of 10 Chapters

Available

The Troublesome ‘Person’

Brożek, Bartosz

Pages: 3 –13

[In this paper I argue that the concept of person as utilized in legal and ethical discourse has no stable meaning, which often leads to premature conclusions and confusion. I identify three different ways of philosophical understanding of ‘person’ – the classical, the psychological and the...
Available

Legal Persons as Abstractions: The Extrapolation of Persons from the Male Case

Naffine, Ngaire

Pages: 15 –27

[This chapter examines the three most influential abstract conceptions of the legal person, in order to clarify and distinguish their meanings and also to show that each is a derivation from the male case. The legal person, at its most abstract, is the formal legal fiction, comprising formal...
Available

Private Selves – An Analysis of Legal Individualism

Lindroos-Hovinheimo, Susanna

Pages: 29 –46

[This chapter analyses legal personhood in the European legal setting. EU law used to be primarily concerned with economic integration and free movement but now due to the growing importance of human rights and the creation of EU citizenship, people are gradually taking centre stage in Union law....
Available

The Idea of Non-personal Subjects of Law

Pietrzykowski, Tomasz

Pages: 49 –67

[Law traditionally divides reality into persons and things. This dualistic approach is no longer able to adequately respond to many ethical challenges facing the contemporary legal systems. The paper discusses the idea of an intermediate category of non-personal subjects of law. It is primarily...
Available

Why Things Can Hold Rights: Reconceptualizing the Legal Person

Kurki, Visa A. J.

Pages: 69 –89

[The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance,...
Available

Animals’ Race Against the Machines

Michalczak, Rafał

Pages: 91 –101

[Nowadays, we are witnessing an acceleration of the debate on animal legal rights. The discussion has its legislative counterpart: a growing number of states have passed legislation widening animal legal rights or even granting them personhood. In comparison, the debate on artificial agents’...
Available

Person and Human Being in Bioethics and Biolaw

Palazzani, Laura

Pages: 105 –112

[The concept of person is the most frequently used philosophical concept in the bioethical and biojuridical debate. The appeal to the dignity of the person and to the rights of the person, which anyone would feel to subscribe to immediately, hides many philosophical ambiguities. The concept of...
Available

From Human to Person: Detaching Personhood from Human Nature

Silva, Denis Franco

Pages: 113 –125

[The traditional idea of equivalence between the concepts of human and person lies behind the core of many contemporary legal controversies. As an example, the issues of animal rights, human bioenhancements and post humanism, are common in the literature. Particularly, one can pinpoint the...
Available

Are Human Beings with Extreme Mental Disabilities and Animals Comparable? An Account of Personality

Barbosa-Fohrmann, Ana Paula; Barreto, Gustavo Augusto Ferreira

Pages: 127 –140

[The concept of personality is one of the most difficult issues in modern and contemporary philosophy, specifically when we reflect on whether human beings with extreme mental disabilities (e.g. those with Alzheimer’s disease or in persistent vegetative state) are endowed with human nature and...
Available

Is Sex Essential for Personhood? Being “Halfway Between Female and Male” From the Perspective of Polish Law

Bielska–Brodziak, Agnieszka; Gawlik, Aneta

Pages: 141 –158

[Intuitively, the issue of legal subjectivity of humans does not appear to raise many doubts. It is the particular aspects of subjectivity, however, that trigger disappointing observations. This text discusses one of them by viewing subjectivity from the perspective of sex, a twofold category...

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