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This edited work collates novel contributions on contemporary
topics that are related to human rights. The essays address
analytic-descriptive questions, such as what legal personality
actually means, and normative questions, such as who or what should
be recognised as a legal person. As is well-known among jurists,
the law has a special conception of personhood: corporations are
persons, whereas slaves have traditionally been considered property
rather than persons. This odd state of affairs has not garnered the
interest of legal theorists for a while and the theory of legal
personhood has been a relatively peripheral topic in jurisprudence
for at least 50 years. As readers will see, there have recently
been many developments and debates that justify a theoretical
investigation of this topic. Animal rights activists have been
demanding that some animals be recognized as legal persons. The
field of robotics has prompted questions about driverless cars:
should they be granted a limited legal personality, so that the car
itself would be responsible for damages? This book explores such
concepts and touches on matters of bioethics, animal law and
medical law. It includes matters of legal history and appeals to
both legal scholars and philosophers, especially those with an
interest in theories of law and the philosophy of law.
This edited work collates novel contributions on contemporary
topics that are related to human rights. The essays address
analytic-descriptive questions, such as what legal personality
actually means, and normative questions, such as who or what should
be recognised as a legal person. As is well-known among jurists,
the law has a special conception of personhood: corporations are
persons, whereas slaves have traditionally been considered property
rather than persons. This odd state of affairs has not garnered the
interest of legal theorists for a while and the theory of legal
personhood has been a relatively peripheral topic in jurisprudence
for at least 50 years. As readers will see, there have recently
been many developments and debates that justify a theoretical
investigation of this topic. Animal rights activists have been
demanding that some animals be recognized as legal persons. The
field of robotics has prompted questions about driverless cars:
should they be granted a limited legal personality, so that the car
itself would be responsible for damages? This book explores such
concepts and touches on matters of bioethics, animal law and
medical law. It includes matters of legal history and appeals to
both legal scholars and philosophers, especially those with an
interest in theories of law and the philosophy of law.
Professor Matthew Kramer is one of the most important legal
philosophers of our time - even if the label 'legal philosopher'
does not do justice to the breadth of his work. This collection of
essays brings together esteemed philosophers, as well as junior
scholars, to critically assess Kramer's philosophy. The
contributions focus on Kramer's work on legal philosophy,
metaethics, normative ethics, and political philosophy. The volume
is divided into six parts, each focusing on different aspect of
Kramer's work. The first part, Rights and Right-holding, contains
five essays addressing Kramer's work on rights and right-holding,
including the Hohfeldian analysis and the interest theory of
right-holding. The four essays in the second part, General
Jurisprudence, focus on Kramer's work in general jurisprudence,
from the compatibility of legal positivism with universal legal
error, to his robust defense of inclusive legal positivism,
concluding with reflections on his writings on the rule of law. The
third part, General Matters of Ethics, contains two essays
addressing Kramer's metaethical work on moral realism as a moral
doctrine. The fourth and fifth parts, Freedom and Liberalism, have
four essays falling within political philosophy, probing Kramer's
work on negative freedom and political liberalism, respectively.
The sixth part, Applied Ethics, contains two essays on Kramer's
work on capital punishment and freedom of expression. The
collection is rounded off by reflections on, and replies to, the
contributions by Kramer himself.
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.
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