A Theory of Legal Personhood

Inbunden, Engelska, 2019

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Beskrivning

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 consider these questions once again. Legal personhood is a foundational concept of Western legal thought and A Theory of Legal Personhood seeks to go beyond contemporary debates, challenging our very understanding of legal personhood itself.Drawing on extensive research, scholarship, legislation, and court cases from around the globe, this book offers readers -- with or without previous knowledge -- new insights into legal personhood. It scrutinizes how personhood came to be understood synonymously with the holding of legal rights. It then posits that a better understanding of legal personhood is as a cluster property. Finally, it applies this new theory to explain and structure the numerous debates surrounding legal personhood.

Produktinformation

Utgivningsdatum:2019-08-13
Mått:142 x 218 x 23 mm
Vikt:454 g
Format:Inbunden
Språk:Engelska
Serie:Oxford Legal Philosophy
Antal sidor:242
Förlag:OUP OXFORD
ISBN:9780198844037

Utforska kategorier

Folkrätt inom Juridik
Filosofiska discipliner inom Filosofi och religion
Juridik: metod och teori inom Juridik

Mer om författaren

Dr Visa AJ Kurki is an Academy of Finland Postdoctoral Fellow at the Law Faculty of the University of Helsinki. He received his PhD in 2017 from the University of Cambridge. Kurki has published on legal personhood, rights theory, and animal law. He is also vice president of the Finnish Society for Legal Philosophy.

Recensioner i media

This book has arrived at a most opportune time. As courts and legislatures around the world are discussing the concept of legal personhood in relation to entities such as the natural environment, nonhuman animals, artificial intelligence and human foetuses, there is urgent need for clarity on what the concept means. Dr Kurki's book offers the most comprehensive analysis of this subject in a decade. Orthodoxies are critiqued, a new account of personhood is propounded and its practical implications are explored in a rigorous yet accessible manner. Essential reading for scholars and lawyers alike who have an interest in the topic.

Innehållsförteckning

Introduction Part 1: The Orthodox View 1: A Short History of the Right-holding Person 2: Rights and Persons - Hohfeldian Analysis Part 2: The Bundle Theory 3: The Incidents of Legal Personhood 4: Who or What Can Be a Legal Person? Part 3: Applying the Theory 5: Collectivities as Legal Persons 6: The Legal Personhood of Artificial Intelligences 7: Legal Personhood in Normative Reasoning