
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.
This book investigates the fundamental nature of legal personhood and proposes a new theoretical framework to replace the traditional, narrow understanding of the concept. Visa AJ Kurki, a scholar in legal philosophy, synthesizes global case law, legislative history, and contemporary legal scholarship to argue that legal personhood is best understood as a cluster property rather than a simple synonym for rights-holding. By deconstructing historical misconceptions, the author provides a structured approach to addressing modern debates involving non-human entities.
What You Will Find
Scope Limits
Legal scholars and philosophers recognize this work as a significant contribution to the field of jurisprudence for its rigorous analytical approach. Readers frequently note the academic density of the prose, which makes it a specialized text intended for those with a background in legal theory.
Page Count:
238
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
019258233X
ISBN-13:
9780192582331
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