Legal Personhood: Animals, Artificial Intelligence and the UnbornThe Troublesome ‘Person’
Legal Personhood: Animals, Artificial Intelligence and the Unborn: The Troublesome ‘Person’
Brożek, Bartosz
2017-03-24 00:00:00
[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 ethical. I further observe that in the law the term is used as a technical device, which has little to do with the philosophical conceptions of the person. Finally, I claim that ‘person’ is also a part of the conceptual repertoire of folk psychology, and hence cannot be simply dispensed with. Rather, its use in legal and ethical debates should be accompanied by methodological awareness and caution.]
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Legal Personhood: Animals, Artificial Intelligence and the UnbornThe Troublesome ‘Person’
[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 ethical. I further observe that in the law the term is used as a technical device, which has little to do with the philosophical conceptions of the person. Finally, I claim that ‘person’ is also a part of the conceptual repertoire of folk psychology, and hence cannot be simply dispensed with. Rather, its use in legal and ethical debates should be accompanied by methodological awareness and caution.]
Published: Mar 24, 2017
Keywords: Person; Law; Ethics; Folk psychology; Boethius; Locke; Kant
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