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Legal Personhood: Animals, Artificial Intelligence and the UnbornLegal Persons as Abstractions: The Extrapolation of Persons from the Male Case

Legal Personhood: Animals, Artificial Intelligence and the Unborn: Legal Persons as Abstractions:... [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 rights and duties. The second abstraction is more loosely tethered to law. This is the person as the basic component of legal, political and social analysis: the person as basic irreducible analytical unit. The third abstraction of the person is a composite of positive law, consisting of the formal elements of any given law. In the case of criminal law, for example, there are offence and defence elements, there are definition and interpretation sections, which build up a kind of person for the purpose of this law. All three abstractions of the person are meant to be neutral as to sex and this neutrality is vital for their claims of universal application and fairness. I show why they are not.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Legal Personhood: Animals, Artificial Intelligence and the UnbornLegal Persons as Abstractions: The Extrapolation of Persons from the Male Case

Part of the Law and Philosophy Library Book Series (volume 119)
Editors: Kurki, Visa A.J.; Pietrzykowski, Tomasz
Naffine, Ngaire
Legal Personhood: Animals, Artificial Intelligence and the Unborn — Mar 24, 2017
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12 pages

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG 2017
ISBN
978-3-319-53461-9
Pages
15 –27
DOI
10.1007/978-3-319-53462-6_2
Publisher site
See Chapter on Publisher Site

Abstract

[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 rights and duties. The second abstraction is more loosely tethered to law. This is the person as the basic component of legal, political and social analysis: the person as basic irreducible analytical unit. The third abstraction of the person is a composite of positive law, consisting of the formal elements of any given law. In the case of criminal law, for example, there are offence and defence elements, there are definition and interpretation sections, which build up a kind of person for the purpose of this law. All three abstractions of the person are meant to be neutral as to sex and this neutrality is vital for their claims of universal application and fairness. I show why they are not.]

Published: Mar 24, 2017

Keywords: Social Contract; Legal Person; Language Game; Legal Sense; Legal Character

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