A Theory of Legal Personhood
Seiten
2019
Oxford University Press (Verlag)
978-0-19-884403-7 (ISBN)
Oxford University Press (Verlag)
978-0-19-884403-7 (ISBN)
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.
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.
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.
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.
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
| Erscheinungsdatum | 02.10.2019 |
|---|---|
| Reihe/Serie | Oxford Legal Philosophy |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 162 x 241 mm |
| Gewicht | 510 g |
| Themenwelt | Geisteswissenschaften ► Philosophie ► Metaphysik / Ontologie |
| Recht / Steuern ► Allgemeines / Lexika | |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| ISBN-10 | 0-19-884403-4 / 0198844034 |
| ISBN-13 | 978-0-19-884403-7 / 9780198844037 |
| Zustand | Neuware |
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