From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...) to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm. (shrink)

Darwinism presents a paradox. It discredits the notion that one’s life has any intrinsic meaning, yet it predicts that we are designed by Darwinian natural selection to generally insist that it must—and so necessarily designed to misunderstand and doubt Darwinism. The implications of this paradox are explored here, including the question of where then does the Darwinist find meaning in life? The main source, it is proposed, is from cognitive domains for meaning inherited from sentient ancestors—domains that reveal our evolved (...) human nature as the fool that it is: given to distractions and delusions of many kinds, designed by natural selection primarily for one essential purpose—to allay our instinctual fear of failed legacy, rooted in our uniquely human awareness that we are not immortal. Darwinism, however, also teaches that genuine legacy is a fate enjoyed only by individual genes. Accordingly, as argued here, those genes with the grandest legacy—and hence rampant within us—are of two types: “legacy-drive” genes delude us into thinking that the legacy can be individually and personally ours; and “leisure-drive” genes distract us from the agonizing truth that it can never be. The most rudimental delusion of legacy is the perception of offspring as vehicles for memetic legacy—the transmission of resident memes from one’s mind to the minds and behaviors of offspring— thus also ensuring genetic legacy: the transmission of resident genes, including importantly, genes inherited from ancestors that influence both legacy and leisure drives. Today, legacyand leisure-drive genes reveal their phenotypes across a wide range of human affairs, and together with the phenotypes of survival- and sex-drive genes, they provide a foundation for a novel view of the Darwinian roots of cultural evolution. (shrink)

This paper reflects on the problem of endowing Artificial Intelligence with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity (...) in this hierarchy determines the scope of subjectivity attributed to it. Rather, it is participation or presence in social life, whatever the role, that is the true criterion of subjectivity. In addition, it is clear that even if AI is not currently a significant participant in social life, it will be in the nearest future. Despite the potential dangers associated with endowing AI with some kind of subjectivity, such a course is inescapable, and should be considered sooner rather than later. (shrink)

This article argues that greater theoretical attention should be paid to the figure of the zombie in the fields of law, cultural studies and philosophy. Using The Walking Dead as a point of critical departure concepts of legal personhood are interrogated in relation to permanent vegetative states, bare life and the notion of the third person. Ultimately, the paper recommends a rejection of personhood; instead favouring a legal and philosophical engagement with humanity and embodiment. Personhood, it is suggested, creates a (...) barrier in law allowing individuals in certain contexts to be rendered non-persons and thus outside the scope of legal rights. An approach that rejects personhood in favour of embodiment would allow individuals to enjoy their rights without being subject to such discrimination. It is also suggested that the concept of the human, itself complicated by the figure of the zombie, allows for legal engagement with a greater number of putative rights claimants including admixed embryos, cyborgs and the zombie. (shrink)

Free will skepticism is radical in its core claim that free will is illusory. Criminal law, however, appears to presuppose that persons are free and hence, morally responsible for their actions. So, if free will skepticism is true, our current practices that hold people to account for their wrongs appears unjustified–even immoral. This paper will challenge the free will skeptic’s core claim that free will does not exist and defend current practices of moral responsibility by offering (and defending) a Frankfurtian-compatibilist (...) approach to the topics of free will and determinism. (shrink)

A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project. This organization’s primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes the notion of legal personhood that the NhRP is employing and explains how an alternative understanding of legal personhood could perhaps make nonhuman rights more palatable for courts.

Law functions on the basis of some presuppositions of what a person is. The purposes and tasks that are projected on a legal system depend on an understanding of personhood. Also, courts continuously find themselves in situations where they have to define the person or the legal subject, at times with surprising consequences. However, legal theory lacks clear criteria for personhood. We do not know who or what a legal person is, nor do we know what kind of being we (...) want her to be. There is clearly a need for critical examination of the concept of legal personhood. This article takes its inspiration from a historical theory, which sheds light on the complex logics of subjectivity. Reflecting on the thought of Johann Gottlieb Fichte we can contemplate fundamental aspects of personhood, especially in its politico-legal dimensions. It is claimed in this article that even though the legal subject has to be autonomous to some degree, acknowledging otherness inside the self is a compelling way of understanding legal personhood. (shrink)

The question of the moral status of AI and the extent to which that status ought to be recognised by societal institutions is one that has not yet received a satisfactory answer from lawyers. This paper seeks to provide a solution to the problem by defending a moral foundation for the recognition of legal personhood for AI, requiring the status to be granted should a threshold criterion be reached. The threshold proposed will be bare, noumenal agency in the Kantian sense. (...) Agency has been identified by Alan Gewirth as the source of the rights claims of our own species and, at risk of contradiction, is a foundation that must be expanded to all agents or else we contradict the foundation of our own rights. This is something that ought to be recognised through the granting of legal personhood to all noumenal agents by any system that requires such personhood for the enforcement of rights, or else the rule restricting legal personhood cannot be seen as a valid legal norm. Having laid out the case, the paper will move on to defend this natural law conception against the narrower definition of legal personhood proposed by Bryson et al. with regards to AI. It will argue that bare agency is a sufficient, though not necessary, criterion for the ascription of legal personhood in any system that sees the status as necessary for the ascription of legal rights. The paper will conclude by analysing the proposals currently making their way through the legislatures of the UK and European Union. They will be assessed for their compatibility with the claim that a functioning legal system necessarily must recognise the legal personhood of all noumenal agents regardless of their origins, and whether they are future-proofed for the possibility that AI may meet this threshold. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

Zusammenfasung: In diesem Artikel fokussiere ich auf die Kluft zwischen dem Begriff des „Menschen“, der den Menschenrechten zugrunde liegt, und dem Konzept der universellen Rechtspersönlichkeit, das ich im Hinblick auf die mediterranen Flüchtlingsbewegungen untersuche. In Anlehnung an Arendts berühmtes Diktum vom „Recht, Rechte zu haben“ analysiere ich die Spannung zwischen den souveränen Rechten von Staaten und den Rechtsansprüchen von Migrant*innen, was wiederum auf das hinweist, was ich als „Grenzen der Menschenrechte“ bezeichne: Sie beziehen sich auf die Begrenztheit der Menschenrechte angesichts (...) der staatlichen Souveränität und sind in der Grenzkontrollpolitik der einzelnen Staaten und ihrer Grenzbehörden verkörpert. Wie ich unter Bezugnahme auf den Fall Hirsi vorschlage, sollte die Rechtspersönlichkeit von Migrant*innen jenseits territorialer Grenzen gedacht werden, während staatliche Funktionen, wie die Kontrolle der Staatsgrenzen, im Lichte der Menschenrechtsnormen überdacht werden müssen. (shrink)

Administrative—judgment on the nature of judgment—conflict between Judges in judicial practice—claimant challenges the judicial capacity of respondent —claimant open and fluid in judicial style—respondent certain and authoritative in judicial style—insights from Psi Division on the role of judgment in the universe—whether respondent is a good judge—whether judgment closes down meaning—whether respondent is inhuman—whether judges are inhuman—whether judging is horrific—insight from twentieth century fiction on the place of humans in the universe—horror of HP Lovecraft—suppression of horrific cosmic context within judicial institution—suppression (...) for the good of society. (shrink)