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.

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...) then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

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. (shrink)

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 rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

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. (shrink)

It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...) attention under current law? -/- Unlike (Chomanski, Neuroethics 16:1–11, 2023), who discusses an overall right to attention, or (Puri, Rutgers Law Record 48:206–221, 2021), who discusses an overall right to attentional privacy, in this paper we focus on two types of situations in which a person’s attention is already protected by legal regulation. Sustained attention-requiring tasks can be jeopardized by distractions whereas attentiveness to certain kind of stimuli can be jeopardized by immersive stimuli. That is why distractions are regulated in situations where an agent has what we call a concentration right and immersive stimuli are regulated in situations where an agent has what we call a duty to be attentive. The further analysis of these situations provides an understanding of the legal means by which attention is already regulated, which can be helpful when thinking about how it should be regulated in the future. (shrink)

The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...) against certain forms of abortion. If right-holding entails legal personality, then foetuses are already legal persons. On the other hand, if we apply the will theory, which associates right-holding with the power to control others’ duties, then infants do not hold any rights at all – and are consequently not legal persons. This is why the chapter outlines an alternative theory of legal personhood. The main tenets of the theory are: (1) legal personality is not binary but rather a matter of degree, and (2) X’s legal personality involves primarily the endowment of X with incidents of legal personhood, much like ownership can be understood as consisting of separate but interconnected incidents. Rather than being a “solved” theoretical issue, the definition of legal personhood should occupy theorists more in the future. (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.

This book outlines the realist and pluralist philosophy of John Anderson, Australia's most original thinker. His teaching at Sydney University and his arti6es have deeply influenced Australian intellectual life. Several main themes run through his work, but Anderson never gave an overall account of his views. This is remedied here: exhibiting the range of Anderson's thought from logic, epistemology and theory of mind, to language and social theory, this volume sketches realism as a systematic philosophical position, while showing something of (...) the history of ideas in Australia. (shrink)

Individuals and businesses make numerous payments every day. They sometimes have choices about what forms of payment to make or accept, and at other times are effectively forced to use a particular form. Often there is an asymmetric power relationship between payer and payee that raises the issue of whether one side unfairly exploits the other. Is it unethical exploitation for an employer to pay employees with a fee-laden payroll card over other more convenient forms of payment? Does the fee (...) structure of payment networks such as Visa and MasterCard unfairly exploit merchants? The bitcoin payment system is an ethical as well as technological evolution as it was designed to be an electronic payment system that does not rely upon trust. Can an entire payment system like bitcoin be “evil,” as charged by Krugman? Payment tools as such are ethically neutral, but can be used in an ethical or unethical manner. (shrink)

First published in 1952, British Empirical Philosophers is a comprehensive picture of one of the most important movements in the history of philosophic thought. In his introduction, Professor A. J. Ayer distinguishes the main problems of empiricism and gives a critical account of the ways in which the philosophers whose writings are included in this volume attempted to solve them. Editors Ayer and Raymond Winch bring together an authoritative abridgement of John Locke’s Essay Concerning Human Understanding ; Bishop George Berkeley’s (...) Principles of Human Knowledge ; almost the entire first book of David Hume’s Treatise Concerning Human Nature ; and extracts from Thomas Reid’s Essay on the Intellectual Powers of Man and John Stuart Mill’s Examination of Sir William Hamilton’s Philosophy. (shrink)

First published in 1952, British Empirical Philosophers is a comprehensive picture of one of the most important movements in the history of philosophic thought. In his introduction, Professor A. J. Ayer distinguishes the main problems of empiricism and gives a critical account of the ways in which the philosophers whose writings are included in this volume attempted to solve them. Editors Ayer and Raymond Winch bring together an authoritative abridgement of John Locke’s Essay Concerning Human Understanding ; Bishop George Berkeley’s (...) Principles of Human Knowledge ; almost the entire first book of David Hume’s Treatise Concerning Human Nature ; and extracts from Thomas Reid’s Essay on the Intellectual Powers of Man and John Stuart Mill’s Examination of Sir William Hamilton’s Philosophy. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

The dictionary shows philosophers at their best (and their worst), at their most perverse and their most elegant. Organised by philosopher, and indexed by thought, concept and phrase, it enables readers to discover who said what, and what was said by whom. Over 300 philosophers are represented, from Aristotle to Zeno, including Einstein, Aquinas, Sartre and De Beauvoir, and the quotations range from short cryptic phrases to longer statements. This Dictionary of Philosophical Quotations d will not change your life. It (...) will change your mind. (shrink)

A. J. Ayer was one of the foremost analytical philosophers of the twentieth century, and was known as a brilliant and engaging speaker. In essays based on his influential Dewey Lectures, Ayer addresses some of the most critical and controversial questions in epistemology and the philosophy of science, examining the nature of inductive reasoning and grappling with the issues that most concerned him as a philosopher. This edition contains revised and expanded versions of the lectures and two additional essays. Ayer (...) begins by considering Hume's formulation of the problem of induction and then explores the inferences on which we base our beliefs in factual matters. In other essays, he defines the three kinds of probability that inform inductive reasoning and examines the various criteria for verifiability and falsifiability. In his extensive introduction, Graham Macdonald discusses the arguments in _Probability and Evidence_, how they relate to Ayer's other works, and their influence in contemporary philosophy. He also provides a brief biographical sketch of Ayer, and includes a bibliography of works about and in response to _Probability and Evidence_. (shrink)

The criterion of truth is the measure of the truthfulness and reliability of our knowledge. It is also the basis for determining the correctness of our concepts and how much our perceptions, ideas, and concepts accord with objective reality. Idealism holds to the idea that the criterion of truth does not involve the integration between theory as created by human intelligence and objective reality, but rather that the criterion of truth involves the "clarity and correctness" of perception, viewpoints, and concepts (...) by the subject. For instance, the Machists 1 think that the criterion of truth is experience, however, they neither interpret experience from a materialistic viewpoint, nor view experience as the result of humans interacting with nature as they reform it. The Machists view experience as a summary of perceptions and as the subjective experience of humans. In this sense, perception must be tested by perception itself. In attempting to escape the trap of solipsism , they proposed "collective experience" as the criterion of truth. According to such a view, anything that involves "common significance," that is, anything acknowledged by everyone, is the truth. Lenin exposed the absurdity of idealist theory by pointing out that by following the view of "socially formed experience" it is very easy to consider as normal the most absurd and farcical notions, such as ghosts, for such beliefs are also a form of human "experience." Religion also possesses a "common significance," for innumerable people believe in ghosts and miracles, etc. Nevertheless, religion does not become the truth because of this. The concept of the "criterion of truth" held by the Machists played a dominant role in modern bourgeois philosophy. Jean Jacques Rousseau and John Dewey, along with other reactionaries in philosophy all denied scientific criteria. They would rather that the masses remain ignorant of how to understand and determine the truth. (shrink)

This article discusses textually problematic passages in Catullus 63, a particularly corrupt poem from a particularly corrupt manuscript tradition. It proposes new conjectures and revives several old ones. Throughout there are notes on punctuation, conjecture attribution and an analysis of the structure of Attis’ lament.