New Approaches to the Personhood in Law PDF Download
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Author: Tomasz Pietrzykowski
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631656853
Category : Law
Languages : en
Pages : 0
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Book Description
The volume collects essays discussing the concept of personhood in law from the perspective of the revolutionary advancements in the contemporary science and technology. It offers an overview of what becomes the most important challenge for legal orders today - the evolving concept of who should count for the law and why.
Author: Tomasz Pietrzykowski
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631656853
Category : Law
Languages : en
Pages : 0
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Book Description
The volume collects essays discussing the concept of personhood in law from the perspective of the revolutionary advancements in the contemporary science and technology. It offers an overview of what becomes the most important challenge for legal orders today - the evolving concept of who should count for the law and why.
Author: Visa A. J. Kurki
Publisher: Oxford University Press
ISBN: 0198844034
Category : Law
Languages : en
Pages : 241
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Book Description
Présentation de l'éditeur: "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."
Author: Marc de Leeuw
Publisher: Springer Nature
ISBN: 3030278484
Category : Social Science
Languages : en
Pages : 267
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Book Description
This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.
Author: Tomasz Pietrzykowski
Publisher: Springer
ISBN: 3319788817
Category : Law
Languages : en
Pages : 118
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Book Description
This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by current and imminent scientific and technological advances. Further, the book outlines an original conception of non-personal subjecthood so as to provide adequate normative solutions for the problematic status of sentient animals and other kinds of entities. Arguably, non-personal subjects of law should be regarded as holding one right, and only one right - the right to be taken into account.
Author: Pollman, Elizabeth
Publisher: Edward Elgar Publishing
ISBN: 1789902916
Category : Law
Languages : en
Pages : 433
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Book Description
This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.
Author: John Studley
Publisher: Routledge
ISBN: 0429849796
Category : Law
Languages : en
Pages : 141
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Book Description
Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
Author: Sheryl Hamilton
Publisher: University of Toronto Press
ISBN: 1442669640
Category : Law
Languages : en
Pages : 305
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Book Description
Personhood is considered at once a sign of legal-political status and of socio-cultural agency, synonymous with the rational individual, subject, or citizen. Yet, in an era of life-extending technologies, genetic engineering, corporate social responsibility, and smart technology, the definition of the person is neither benign nor uncontested. Boundaries that previously worked to secure our place in the social order are blurring as never before. What does it mean, then, to be a person in the twenty-first century? In Impersonations, Sheryl N. Hamilton uses five different kinds of persons - corporations, women, clones, computers, and celebrities - to discuss the instability of the concept of personhood and to examine some of the ways in which broader social anxieties are expressed in these case studies. She suggests that our investment in personhood is greater now than it has been for years, and that our ongoing struggle to define the term is evident in law and popular culture. Using a cultural studies of law approach, the author examines important issues such as whether the person is a gender-neutral concept based on individual rights, the relationship between personhood and the body, and whether persons can be property. Impersonations is a highly original study that brings together legal, philosophical, and cultural expressions of personhood to enliven current debates about our place in the world.
Author: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 954
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Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Author: Maneesha Deckha
Publisher: University of Toronto Press
ISBN: 1487538251
Category : Law
Languages : en
Pages : 363
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Book Description
In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.
Author: Susanna Ripken
Publisher: Cambridge University Press
ISBN: 1108416527
Category : Business & Economics
Languages : en
Pages : 317
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Book Description
Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.
