Theory of Legal Personhood

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki

Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Legal Personhood: Animals, Artificial Intelligence and the Unborn

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Author :
Publisher : Springer
ISBN 13 : 9783319534619
Total Pages : 0 pages
Book Rating : 4.5/5 (346 download)

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Book Synopsis Legal Personhood: Animals, Artificial Intelligence and the Unborn by : Visa A.J. Kurki

Download or read book Legal Personhood: Animals, Artificial Intelligence and the Unborn written by Visa A.J. Kurki and published by Springer. This book was released on 2017-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

Theorizing Legal Personhood in Late Medieval England

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Author :
Publisher : BRILL
ISBN 13 : 9004284648
Total Pages : 310 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Theorizing Legal Personhood in Late Medieval England by :

Download or read book Theorizing Legal Personhood in Late Medieval England written by and published by BRILL. This book was released on 2015-06-24 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theorizing Legal Personhood in Late Medieval England offers an account of the fluidity and artificiality of legal personhood before the individualistic turn in law vis-à-vis juristictional pluralism.

Private Selves

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Publisher : Cambridge University Press
ISBN 13 : 1108478883
Total Pages : 211 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Private Selves by : Susanna Lindroos-Hovinheimo

Download or read book Private Selves written by Susanna Lindroos-Hovinheimo and published by Cambridge University Press. This book was released on 2021-05-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores different conceptions of legal personhood within EU data protection law and wider issues of privacy and individual rights.

The Persons Case

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Publisher : University of Toronto Press
ISBN 13 : 1487516932
Total Pages : 272 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis The Persons Case by : Robert J. Sharpe

Download or read book The Persons Case written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2017-06-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Personhood in the Age of Biolegality

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Author :
Publisher : Springer Nature
ISBN 13 : 3030278484
Total Pages : 267 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Personhood in the Age of Biolegality by : Marc de Leeuw

Download or read book Personhood in the Age of Biolegality written by Marc de Leeuw and published by Springer Nature. This book was released on 2019-11-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.

Legal Capacity & Gender

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Publisher : Springer Nature
ISBN 13 : 3030634930
Total Pages : 165 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Legal Capacity & Gender by : Anna Arstein-Kerslake

Download or read book Legal Capacity & Gender written by Anna Arstein-Kerslake and published by Springer Nature. This book was released on 2021-01-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

The Politics of Species

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Publisher : Cambridge University Press
ISBN 13 : 1107032601
Total Pages : 311 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Politics of Species by : Raymond Corbey

Download or read book The Politics of Species written by Raymond Corbey and published by Cambridge University Press. This book was released on 2013-09-05 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts from a range of disciplines identify the key barriers to a definition of moral respect that includes nonhuman animals.

Personhood Beyond Humanism

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Author :
Publisher : Springer
ISBN 13 : 3319788817
Total Pages : 115 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Personhood Beyond Humanism by : Tomasz Pietrzykowski

Download or read book Personhood Beyond Humanism written by Tomasz Pietrzykowski and published by Springer. This book was released on 2018-05-31 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by current and imminent scientific and technological advances. Further, the book outlines an original conception of non-personal subjecthood so as to provide adequate normative solutions for the problematic status of sentient animals and other kinds of entities. Arguably, non-personal subjects of law should be regarded as holding one right, and only one right - the right to be taken into account.

Integrationism and the Self

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Author :
Publisher : Routledge
ISBN 13 : 1351389580
Total Pages : 198 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Integrationism and the Self by : Christopher Hutton

Download or read book Integrationism and the Self written by Christopher Hutton and published by Routledge. This book was released on 2019-04-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a set of challenging questions have arisen in relation to the status of animals; their treatment by human beings; their cognitive abilities; and the nature of their feelings, emotions, and capacity for suffering. This ground-breaking book draws from integrational semiology to investigate arguments around the rights of certain animals to be recognized as legal persons, thereby granting them many of the protections enjoyed by humans. In parallel with these debates, the question of the legal personality of artificial intelligence (AI) systems has moved to the forefront of legal debate, with entities such as robots, cyborgs, self-driving cars, and genetically engineered beings under consideration. Integrationism offers a framework within which the wider theoretical and practical issues can be understood. Law requires closure and categorical answers; integrationism is an open-ended form of inquiry that is seen as removed from particular controversies. This book argues that the two domains can be brought together in a challenging and productive synthesis. A much-needed resource to examine the heart of this fascinating debate and a must-read for anyone interested in semiology, linguistics, philosophy, ethics, and law. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Corporate Personhood

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Publisher : Cambridge University Press
ISBN 13 : 1108416527
Total Pages : 317 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Corporate Personhood by : Susanna Kim Ripken

Download or read book Corporate Personhood written by Susanna Kim Ripken and published by Cambridge University Press. This book was released on 2019-08-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.

Identity, Personhood and the Law

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Author :
Publisher : Springer
ISBN 13 : 3319534599
Total Pages : 70 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Identity, Personhood and the Law by : Charles Foster

Download or read book Identity, Personhood and the Law written by Charles Foster and published by Springer. This book was released on 2017-03-14 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.

Legal Rights for Rivers

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Author :
Publisher : Routledge
ISBN 13 : 0429889607
Total Pages : 202 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Legal Rights for Rivers by : Erin O'Donnell

Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Legal Personality in International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139493221
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Personality in International Law by : Roland Portmann

Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

International Corporate Personhood

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Author :
Publisher : Routledge
ISBN 13 : 1000390101
Total Pages : 182 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis International Corporate Personhood by : Kevin Crow

Download or read book International Corporate Personhood written by Kevin Crow and published by Routledge. This book was released on 2021-05-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.

Legal Conventionalism

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Author :
Publisher : Springer
ISBN 13 : 3030035719
Total Pages : 198 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Legal Conventionalism by : Lorena Ramírez-Ludeña

Download or read book Legal Conventionalism written by Lorena Ramírez-Ludeña and published by Springer. This book was released on 2018-12-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.

Robotics, AI and the Future of Law

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Publisher : Springer
ISBN 13 : 9811328749
Total Pages : 237 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Robotics, AI and the Future of Law by : Marcelo Corrales

Download or read book Robotics, AI and the Future of Law written by Marcelo Corrales and published by Springer. This book was released on 2018-11-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.