Results for 'legal personhood'

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  1. Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation.David Gindis - 2016 - Journal of Institutional Economics 12 (3):499-513..
    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 (...)
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  2. Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or (...)
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  3. Personhood and property in Hegel's conception of freedom.M. Blake Wilson - 2019 - Pólemos (1):68-91.
    For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded the (...)
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  4. Debate: What is Personhood in the Age of AI?David J. Gunkel & Jordan Joseph Wales - 2021 - AI and Society 36:473–486.
    In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent (...)
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  5.  65
    Rethinking Fetal Personhood in Conceptualizing Roe.Rosemarie Garland-Thomson & Joel Michael Reynolds - 2022 - American Journal of Bioethics 22 (8):64-68.
    In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal (...)
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  6. The Relevance (and Irrelevance) of Questions of Personhood (and Mindedness) to the Abortion Debate.David Kyle Johnson - 2019 - Socio-Historical Examination of Religion and Ministry 1 (2):121‒53.
    Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at (...)
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  7.  97
    The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided.David Gindis & Abraham A. Singer - forthcoming - Journal of Business Ethics:1-15.
    The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish (...)
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  8. The Philosophers' Brief on Chimpanzee Personhood.Kristin Andrews, Gary Comstock, Gillian Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David Pena-Guzman, James Rocha, Bernard Rollin, Jeff Sebo, Adam Shriver & Rebecca Walker - 2018 - Proposed Brief by Amici Curiae Philosophers in Support of the Petitioner-Appelllant Court of Appeals, State of New York,.
    In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.
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  9. The Question of Algorithmic Personhood and Being (Or: On the Tenuous Nature of Human Status and Humanity Tests in Virtual Spaces—Why All Souls are ‘Necessarily’ Equal When Considered as Energy).Tyler Jaynes - 2021 - J (2571-8800) 3 (4):452-475.
    What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they (...)
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  10.  82
    The Question of Algorithmic Personhood and Being (Or: On the Tenuous Nature of Human Status and Humanity Tests in Virtual Spaces—Why All Souls are ‘Necessarily’ Equal When Considered as Energy).Tyler Jaynes - 2021 - MDPI: J 3 (4):452-475.
    What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they (...)
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  11. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as (...)
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  12. Group Agency and Artificial Intelligence.Christian List - 2021 - Philosophy and Technology (4):1-30.
    The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...)
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  13. Citizenship as the Exception to the Rule: An Addendum.Tyler L. Jaynes - 2021 - AI and Society 36 (3):911-930.
    This addendum expands upon the arguments made in the author’s 2020 essay, “Legal Personhood for Artificial Intelligence: Citizenship as the Exception to the Rule”, in an effort to display the significance human augmentation technologies will have on (feasibly) inadvertently providing legal protections to artificial intelligence systems (AIS)—a topic only briefly addressed in that work. It will also further discuss the impacts popular media have on imprinting notions of computerised behaviour and its subsequent consequences on the attribution of (...)
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  14.  73
    Electronic Persons?Louis Caruana - 2020 - Gregorianum 101 (3):593-614.
    To describe computers and sophisticated robots, many people today have no problem using personal attributes. Alan Turing published his famous intelligence test in 1950. From that time onwards, computers have gained increasingly higher status in this regard. Computers and robots nowadays are not only intelligent. They perceive, they remember, they understand, they decide, they play and so on. Recently, another such step has occurred but, this time, many researchers are seriously concerned. In February 2017, the European Parliament passed a Resolution (...)
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  15. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...)
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  16.  59
    Dignity- A Regenerative Idea.Deepa Kansra - 2016 - Indian Law Institute Law Review (ILI Law Review) 2 (Winter):202-203.
    AN ATTEMPT to understand the role of dignity in human rights is worthwhile and challenging. Popularly referred to as a “constitutional principle”, “moral precept”, or a “supreme virtue”, dignity has allowed legal systems to adopt evolutionary and impactful practices concerning the welfare of human beings. Defined also as the precursor and basis to the various human rights defined and adopted, dignity continues to facilitate the integration of diverse interests and stakeholders within the framework of human rights thought and practice. (...)
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  17. Missing the Apes of the Trees for the Forest.Carlo Alvaro - 2019 - ASEBL Journal Association for the Study of Ethical Behavior 14 (1):36-38.
    The debate over ape personhood is of great social and moral importance. For more than twenty-five years, attorney Steven Wise has been arguing that animals who have cognitive complexities similar to humans should be legally granted basic rights of au- tonomy. In my view, granting personhood status and other rights to great apes are at- tainable goals. But how should we go about it?
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  18.  57
    Selling Yourself Short? Self-Ownership and Commodification.Robert S. Taylor - forthcoming - Public Affairs Quarterly.
    One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will (...)
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  19. Is the concept of the person necessary for human rights?Jens David Ohlin - unknown
    The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note argues that personhood is a cluster concept with distinct components: the biological concept (...)
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  20. The future of death: cryonics and the telos of liberal individualism.James Hughes - 2001 - Journal of Evolution and Technology 6 (1).
    This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought is (...)
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  21.  53
    In defence of newborns: a response to Kingma.Nicholas Colgrove - 2022 - Journal of Medical Ethics 48 (8):551-553.
    Recently, I argued that subjects inside of artificial wombs—termed ‘gestatelings’ by Romanis—share the same legal and moral status as newborns. Gestatelings, on my view, are persons in both a legal and moral sense. Kingma challenges these claims. Specifically, Kingma argues that my previous argument is invalid, as it equivocates on the term ‘newborn’. Kingma concludes that questions about the legal and moral status of gestatelings remain ‘unanswered’. I am grateful to Kingma for raising potential concerns with the (...)
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  22. On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not (...)
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  23. Abortion Rights: Why Conservatives are Wrong.Rem B. Edwards - 1989 - National Forum 69 (4):19-24.
    Conservative opponents of abortion hold that from the moment of conception, developing fetuses have (or may have) full humanity or personhood that gives them a moral standing equal to that of postnatal human beings. To have moral standing is to be a recognized member of the human moral community, perhaps having moral duties to others or rights against them, at least as being the recipient of duties owed by others. Conservatives give neo-conceptuses full moral standing, including a right to (...)
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  24. The Philosophers' Brief in Support of Happy's Appeal.Gary Comstock, Sue Donaldson, Andrew Fenton, Tyler M. John, L. Syd M. Johnson, Robert C. Jones, Will Kymlicka, Letitia M. Meynell, Nathan Nobis, David M. Peña-Guzmán, James Rocha, Bernard Rollin, Jeff Sebo & Adam Shriver - 2021 - New York State Appellate Court.
    We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s (...). (shrink)
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  25. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in (...)
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  26. The Argument from Back-Street Abortion Revisited.Josiah Della Foresta - manuscript
    Motivated by recent political trends surrounding the legality of abortion, and noting the apparent difficulty with which partisan agreement can be found when engaging with arguments from foetal personhood, this paper revisits a classic axiological argument for the legalisation of abortion which relies on a commitment to the moral relevancy of consequences and the empirically sound nature of said consequences. Academically known as the Argument from Back-Street Abortion, agreement with the argument's premises entails the legalisation of abortion is morally (...)
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  27. A philosophical investigation into coercive psychiatric practices Vols 1.Gerry Roche - 2012 - Dissertation, University of Limerick
    This dissertation seeks to examine the validity of the justification commonly offered for a coercive(1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and philosophical (...)
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  28. A philosophical investigation into coercive psychiatric practices_Vol 2.Gerry Roche - 2012 - Dissertation, University of Limerick
    This dissertation seeks to examine the validity of the justification commonly offered for a coercive (1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and (...)
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  29. Personhood and a Meaningful Life in African Philosophy.Motsamai Molefe - 2020 - South African Journal of Philosophy 39 (2): 194-207.
    This article proffers a personhood-based conception of a meaningful life. I look into the ethical structure of the salient idea of personhood in African philosophy to develop an account of a meaningful life. In my view, the ethics of personhood is constituted by three components, namely (1) the fact of being human, which informs (2) a view of moral status qua the capacity for moral virtue, and (3) which specifies the final good of achieving or developing a (...)
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  30.  67
    Personhood, Welfare, and Enhancement.Hugh Desmond - 2022 - American Journal of Bioethics 22 (9):37-39.
    The debate on enhancement ethics cannot escape some of the deeper questions troubling the concept of personhood. That is, in a sentence, my reading of Robert Sparrow’s target article (Sparrow 2022)...
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  31. Personhood and Rights in an African Tradition.Molefe Motsamai - 2017 - Politikon:1-15.
    It is generally accepted that the normative idea of personhood is central to African moral thought, but what has not been done in the literature is to explicate its relationship to the Western idea of rights. In this article, I investigate this relationship between rights and an African normative conception of personhood. My aim, ultimately, is to give us a cursory sense why duties engendered by rights and those by the idea of personhood will tend to clash. (...)
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  32. Personhood and (Rectification) Justice in African Thought.Motsamai Molefe - 2018 - Politikon:1- 18.
    This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of (...)
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  33. Modal Personhood and Moral Status: A Reply to Kagan's Proposal.David DeGrazia - 2016 - Journal of Applied Philosophy 33 (1):22-25.
    Kagan argues that human beings who are neither persons nor even potential persons — if their impairment is independent of genetic constitution — are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning — that he judges too quickly that insentient beings can have (...)
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  34. Personhood, Ethics, and Animal Cognition: Situating Animals in Hare's Two-Level Utilitarianism, by Gary E. Varner * The Philosophy of Animal Minds, edited by Robert W. Lurz.K. Andrews - 2014 - Mind 123 (491):959-966.
    A review of Personhood, Ethics, and Animal Cognition: Situating Animals in Hare’s Two-Level Utilitarianism, by Gary E. Varner. New York, NY: Oxford University Press, 2012. Pp. xv + 336. H/b £40.23. and The Philosophy of Animal Minds, edited by Robert W. Lurz. New York, NY: Cambridge University Press, 2009. Pp. 320. P/b £20.21.
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  35. Personhood and Partialism in African Philosophy.Molefe Motsamai - 2018 - African Studies 3.
    This article ascertains what philosophical implications can be drawn from the moral idea of personhood dominant in African philosophy. This article aims to go beyond the oft-made submission that this moral idea of personhood is definitive of African moral thought. It does so by advancing discourse with regards to personhood by exploring its relationship with another under-explored idea in African ethics, the idea of partialism. This article ultimately argues that the idea of personhood can be associated (...)
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  36. Sorting Out Aspects of Personhood.Arto Laitinen - 2007 - Journal of Consciousness Studies 14 (5-6):248-270.
    This paper examines how three central aspects of personhood — the capacities of individuals, their normative status, and the social aspect of being recognized — are related, and how personhood depends on them. The paper defends first of all a ‘basic view’that while actual recognition is among the constitutive elements of full personhood, it is the individual capacities (and not full personhood) which ground the basic moral and normative demands concerning treatment of persons. Actual recognition depends (...)
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  37. Personhood, Vagueness and Abortion.Justin Mcbrayer - 2007 - Australian Journal of Professional and Applied Ethics 9 (1).
    In a recent paper, Lee Kerckhove and Sara Waller (hereafter K & W) argue that the concept of personhood is irrelevant for the abortion debate.1 Surprisingly, this irrelevance is due merely to the fact that the predicate ‘being a person’ — hereafter ‘personhood’ — is inherently vague. This vagueness, they argue, reduces ‘personhood’ to incoherency and disqualifies the notion from being a useful moral concept. In other words, if ‘personhood’ isn’t a precise notion with well-defined boundaries, (...)
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  38. Free Will Skepticism and Personhood as a Desert Base.Benjamin Vilhauer - 2009 - Canadian Journal of Philosophy 39 (3):489-511.
    In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...)
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  39. Cultivating Personhood: Kant and Asian Philosophy.Stephen Palmquist (ed.) - 2010 - Berlin: Walter de Gruyter.
    Authors from all over the world unite in an effort to cultivate dialogue between Asian and Western philosophy. The papers forge a new, East-West comparative path on the whole range of issues in Kant studies. The concept of personhood, crucial for both traditions, serves as a springboard to address issues such as knowledge acquisition and education, ethics and self-identity, religious/political community building, and cross-cultural understanding. Edited by Stephen Palmquist, founder of the Hong Kong Philosophy Café and well known for (...)
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  40. Abortion, Personhood and the Potential for Consciousness.Robert Larmer - 1995 - Journal of Applied Philosophy 12 (3):241-251.
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  41. Free will skepticism and personhood as a desert base.Benjamin Vilhauer - 2009 - Canadian Journal of Philosophy 39 (3):pp. 489-511.
    In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...)
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  42. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...)
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  43. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    An annotated bibliography of legal epistemology.
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  44. Conditions of personhood.Daniel C. Dennett - 1976 - In Amelie Oksenberg Rorty (ed.), The Identities of Persons. University of California Press.
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  45. Beyond the personhood paradigm.Nicolas Delon - 2019 - ASEBL Journal 14 (1):26-30.
    Commentary on Shawn Thompson's "Supporting Ape Rights". My response to Wise’s and Thompson’s strategy is two-fold: 1) personhood is neither strictly deter-mined by cognitive facts nor fruitfully construed in Kantian terms, and 2) personhood is not what matters when it comes to animal protection. To conclude, 3) I hint at an alternative, or complementary, avenue for change.
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  46. What’s Personhood Got to Do with it?Hrishikesh Joshi - 2020 - Philosophia 48 (2):557-571.
    Consider a binary afterlife, wherein some people go to Heaven, others to Hell, and nobody goes to both. Would such a system be just? Theodore Sider argues: no. For, any possible criterion of determining where people go will involve treating very similar individuals very differently. Here, I argue that this point has deep and underappreciated implications for moral philosophy. The argument proceeds by analogy: many ethical theories make a sharp and practically significant distinction between persons and non-persons. Yet, just like (...)
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  47.  47
    Personhood, autonomy, agency and responsibility: An appraisal of Frankfurt's philosophy of action.Anil Kumar - 2014 - KAAV International Journal of Arts, Humanities and Social Sciences 1 (1):202-207.
    There is a common sense in which words like person or personhood, autonomy, agency and responsibility are used. Talking of these terms merely as words does not reveal the essence of the term. Therefore, these terms have to be treated as concepts and this paper intends to talk about the use of these concepts with a greater philosophical interest with reference to Harry G. Frankfurt’s philosophy of action.
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  48. Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...)
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  49. Personhood and first-personal experience.Richard E. Duus - 2017 - Journal of Theoretical and Philosophical Psychology 37 (2):109-127.
    There is a gap between the first-person and third-person perspectives resulting in a tension experienced between psychological science, ‘experimental psychology’, and applied consulting psychological practice, ‘clinical psychology’. This is an exploration of that ‘gap’ and its resulting tension. First-person perspective is proposed as an important aspect of psychological reality in conjunction with the related perspectival aspects of second- and third-person perspectives. These three aspects taken ‘wholistically’ constitute a perspectival diffusion grate through which psychological reality is discerned. The reductionistic naturalism of (...)
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  50. The Legal Self: Executive processes and legal theory.William Hirstein & Katrina Sifferd - 2011 - Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...)
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