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)

Obra ressenyada: Visa A. J. KURKI and Tomasz PIETRZYKOWSKI, Legal Personhood : Animals, Artificial Intelligence and the Unborn. Springer International Publishing, 2017.

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.

C'est avec un eclat a la mesure de sa popularite, que se ranime la figure de l'athlete grec lors des Jeux qu'embrase un symbolique flambeau venu d'Olympie. Pourtant, connaissons-nous bien cet athlete si souvent invoque dans notre heritage antique? Pour tenter d'y repondre, cette etude recense tous les textes qui d'Homere a la fin du Ve siecle avant J.-C., y font reference. Or l'athlete, destine a se produire dans un spectacle sportif, est l'objet de bien des regards. a travers donc (...) differents genres litteraires et temoignages artistiques, sur le mode heroique, elogieux ou critique, dans une optique medicale ou sous le masque metaphorique, le voile se leve sur un athlete dont l'image emprunte bien des nuances, suivant la personnalite et la sensibilite de chaque auteur, suivant egalement l'evolution du cadre historique et la progression des pensees. De cette investigation, l'image de l'athlete ressortira-t-elle aussi exemplaire? (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)

Each of two mutually recognising persons knows herself to be capable of and responsible for acting toward the other in ways that presuppose the other’s capability and responsibility for doing the same. The lecture brings out some egalitarian, libertarian and solidaristic aspects of an interpersonal ideal of mutual recognition, and it considers conversation, friendship and respect for right as three main examples of the syndrome.

O texto visa tratar de uma problemática da Teoria do Conhecimento em correspondência com a Educação. Os problemas que surgem da relação entre o indivíduo pensante e o objeto de seu pensamento (como o solipsismo, a reflexão monológica e o dogmatismo) marcam as bases da produção filosófica tratada a partir de Kant em sua obra "Crítica da Razão Pura" (1787). A prova sobre os juízos sintéticos a priori leva Kant a formular um sistema filosófico, cujo método transcendental se apoia (...) na sensibilidade e no entendimento do sujeito sobre os conceitos. A fenomenologia de Husserl se fortaleceu a partir da filosofia de Kant, e sobre seu prisma existencial-hermenêutico, tratou do problema da dialética do conhecimento a partir do conceito de mundo da vida. O apriorismo subjetivista de Kant e o idealismo transcendental da fenomenologia de Husserl são criticados, atualmente, pelo filósofo Jürgen Habermas. Pela teoria da competência comunicativa, Habermas instaura novas bases para a relação sujeito-objeto e para a construção do conhecimento. O ser humano é um sujeito de potencialidade comunicativa, que desenvolve um novo conceito de emancipação, pela razão comunicativa pela qual a linguagem é considerada na sua dimensão de práxis social. A perspectiva habermasiana é bastante relevante para a educação escolar e para o desenvolvimento humano. (shrink)

I explore some interpretations of the practice of international market reliance that forms the focus of Aaron James' book, and I wonder how our actual practices help to settle what we should go on to do now.

No livro I da Ethica Eudemia, Aristóteles dedica um capítulo a considerações acerca de seu método. No entanto, analisando passagens de outros tratados do autor, é possível concluir que há algo comum que perpassa as diversas considerações acerca de seu método, a saber: que o ponto de partida de toda investigação é dado pelo que é mais cognoscível a nós, e todo o procedimento de investigação visa chegar ao que é mais cognoscível em si mesmo – o conhecimento estrito (...) do objeto, que inclui compreender suas causas. O objetivo deste trabalho é tentar compreender como esse procedimento acontece na investigação moral, que opera no âmbito do discurso e, portanto, das definições. Para isso, pretendemos analisar como acontece a passagem da análise do que é dado na experiência em direção ao conhecimento de suas causas, que é próprio de outros tratados aristotélicos, para a análise das opiniões vagas e imprecisas em direção às definições estritas com as quais a Ethica Eudemia pretende operar. (shrink)

Business Ethics, the Environment &Responsibility, Volume 31, Issue 4, Page 1157-1173, October 2022.

Apart from the names of Jan Baudouin de Courtenay (1845-1929), Mikołaj Kruszewski (1851-1887), and, later, Jerzy Kuryłowicz (1895-1978), Polish linguists and Polish linguistics generally have been little known in the West. The first two were mentioned with approval by Saussure in an unpublished paper, and this reference was picked up by Roman Jakobson and others many years later. Kuryłowicz, for his part, made himself well known in the West through his important work as Indo-Europeanist, even Semiticist, and as a general (...) linguist. The present volume is a first attempt to broaden the perspectives on the Polish contribution to linguistics both inside and outside of Poland during the past centuries. Specialists in their respective fields contributed chapters on the origins and development of general linguistics (Z. Wąsik), applied linguistics (F. Grucza), lexicology (T. Piotrowski), dialectology (St. Gogolewski), and onomastics (S. Gala), followed by five chapters presenting the theories of the arguably most remarkable Polish linguistic thinkers, from Baudouin de Courtenay (A. Adamska-Sałaciak), Kruszewski (F. M. Berezin), and Kuryłowicz (W. Smoczyński) to Mikołaj Rudnicki (1881-1978) and Ludwik Zabrocki (1907-1977) (both written by J. Bańczerowski). Detailed individual bibliographies, a full index of names (with life dates of Polish linguists from the Renaissance to the present day), and a thorough index of subjects and terms make this volume an important reference tool for anyone wishing to acquaint himself with the rich heritage of Polish linguistic thought. (shrink)

Objective: The objective of this study was to compare the accuracy of T2-weighted magnetic resonance imaging and transrectal ultrasound for staging of prostate cancer. Material and methods: A total of 101 men with biopsy-proven prostate cancer undergoing both T2-weighted endorectal MR imaging and B-mode TRUS for local tumor staging prior to radical prostatectomy were retrospectively identified. Three MR readers rated the likelihood of locally advanced disease using a 5-point scale. An ultrasound reader performed the same rating. Staging accuracy was compared (...) using receiver operating characteristic curves. Results: Staging accuracy was not significantly different between MR imaging and TRUS. Conclusions: T2-weighted MR imaging demonstrates comparable accuracy to B-mode TRUS for depicting locally invasive prostate cancer. © 2012. (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)

Priest’s 2014 theory of unity and identity, based on a paraconsistent logic, has a wide range of applications. In this paper, I apply his theory to some puzzles concerning mereology and topology. These puzzles suggest that the classical mereotopology needs to be revised. I compare and contrast the Priest-inspired solution with another, based on classical logic, that requires the co-location of boundaries. I suggest that the co-location view should be preferred on abductive grounds.

This collection of essays presents a novel interpretation of a signature work of Alexander of Aphrodisias, and of the Stoic philosophy he seeks to refute. It covers all chapters of the work, challenging existing scholarship in significant ways.

An interrogation of Plato's entire work using the concepts and categories of Alain Badiou. This is the first book to critically address and draw consequences from Badiou's claim that his work is a 'Platonism of the multiple' and that philosophy today requires a 'platonic gesture'. Examining the relationship between Badiou and Plato, Bartlett radically transforms our perception of Plato's philosophy and rethinks the central philosophical question: 'what is education?'.

. I find it impossible to imagine that this book will not remain indefinitely the very best book of its sort."—Review of Metaphysics "The confrontation or conjunction of Ayer and Russell is a notable event and has produced a remarkable ...

Alain Badiou is one of the world's most influential living philosophers. Few contemporary thinkers display his breadth of argument and reference, or his ability to intervene in debates critical to both analytic and continental philosophy. Alain Badiou: Key Concepts presents an overview of and introduction to the full range of Badiou's thinking. Essays focus on the foundations of Badiou's thought, his "key concepts" - truth, being, ontology, the subject, and conditions - and on his engagement with a range of thinkers (...) central to his philosophy, including Plato, Descartes, Spinoza, Heidegger and Deleuze. (shrink)

In 1976 Raymond Williams commented, ‘Culture is one of the two or three most complicated words in the English language.’ Such implied difficulty has not prevented Bloomsbury Academic, since the 2000s, from publishing around forty series of their well-produced and generously illustrated Cultural Histories, with, according to their website, a further fifty in progress. Each series contains six volumes, each book covering, in theory, the same chronological period (antiquity, the Middle Ages, the Renaissance, the Enlightenment, the age of empire and (...) the modern age), though there is some variation depending on precise topic. The idea is that one can use these books not only to read ‘horizontally’ about a subject across time, but also ‘vertically’ through different subjects in the same period – a idea made easier by the e-texts of the series on Bloomsbury's website. (shrink)

© 2015 Elsevier Inc.Postnatal organogenesis occurs in an immune competent environment and is tightly controlled by interplay between positive and negative regulators. Innate immune cells have beneficial roles in postnatal tissue remodeling, but roles for the adaptive immune system are currently unexplored. Here we show that adaptive immune responses participate in the normal postnatal development of a non-lymphoid epithelial tissue. Since the mammary gland is the only organ developing predominantly after birth, we utilized it as a powerful system to study (...) adaptive immune regulation of organogenesis. We found that antigen-mediated interactions between mammary antigen-presenting cells and interferon-γ -producing CD4+ T helper 1 cells participate in MG postnatal organogenesis as negative regulators, locally orchestrating epithelial rearrangement. IFNγ then affects luminal lineage differentiation. This function of adaptive immune responses, regulating normal development, changes the paradigm for studying players of postnatal organogenesis and provides insights into immune surveillance and cancer transformation. Plaks et al. (shrink)

This volume sheds new light on Alexander of Aphrodisias' On Mixture and Growth as an intelligent and carefully crafted rebuttal of Stoic blending, which Alexander regarded as the closest rival of his own brand of hylomorphism. The authors explore Alexander's dialectical method and determine the precise character of the Stoic theory he attacks. The problematic notions of mutual co-extension and infinite division appear in their proper context, while the successive stages of the process of blending are carefully distinguished from the (...) resulting state of the blend. In this perspective the discussion of growth that closes Alexander's work finds its natural place. (shrink)

Strategies that motivate agrifood producers to adopt more sustainable practices are a critical component for a sustainable future. This case study examines farmer attitudes to a recently released New Zealand agricultural policy aimed at improving freshwater quality by restricting agricultural activities. Our study interprets interviews of nine individuals managing a range of dairy and sheep farming operations to explore how these farmers manage societal expectations of being a ‘good farmer’ in the context of the new regulations. Four themes were developed (...) to capture perceptions of participants: the vested interest of farmers in positive community engagement and being seen as a ‘good’ farmer; the need to manage farms prudently for future generations; the unique geographical and environmental conditions on each farm and their concerns about the lack of acknowledgment of differences across land types in New Zealand; and the unintended consequences of the new regulations for rural communities. Overall, the themes suggest that the way the policy was enacted conflicts with perceptions of a ‘good farmer’ and good farming practice, resulting in identity conflicts for the farming community and reduced motivation to adopt alternative practices. (shrink)