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A Theory of Legal Personhood

Oxford University Press (2019)

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  1. The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided.David Gindis & Abraham A. Singer - 2023 - Journal of Business Ethics 183 (4):983-997.
    The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...)
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  • The Weirdness of the World.Eric Schwitzgebel - 2024 - Princeton University Press.
    How all philosophical explanations of human consciousness and the fundamental structure of the cosmos are bizarre—and why that’s a good thing Do we live inside a simulated reality or a pocket universe embedded in a larger structure about which we know virtually nothing? Is consciousness a purely physical matter, or might it require something extra, something nonphysical? According to the philosopher Eric Schwitzgebel, it’s hard to say. In The Weirdness of the World, Schwitzgebel argues that the answers to these fundamental (...)
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  • The Personality of Public Authorities.Manish Oza - forthcoming - Law and Philosophy.
    This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.
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  • Basic issues in AI policy.Vincent C. Müller - 2022 - In Maria Amparo Grau-Ruiz (ed.), Interactive robotics: Legal, ethical, social and economic aspects. Springer. pp. 3-9.
    This extended abstract summarises some of the basic points of AI ethics and policy as they present themselves now. We explain the notion of AI, the main ethical issues in AI and the main policy aims and means.
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  • Endowing Artificial Intelligence with legal subjectivity.Sylwia Wojtczak - 2022 - AI and Society 37 (1):205-213.
    This paper reflects on the problem of endowing Artificial Intelligence with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity (...)
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  • Is it time for robot rights? Moral status in artificial entities.Vincent C. Müller - 2021 - Ethics and Information Technology 23 (3):579–587.
    Some authors have recently suggested that it is time to consider rights for robots. These suggestions are based on the claim that the question of robot rights should not depend on a standard set of conditions for ‘moral status’; but instead, the question is to be framed in a new way, by rejecting the is/ought distinction, making a relational turn, or assuming a methodological behaviourism. We try to clarify these suggestions and to show their highly problematic consequences. While we find (...)
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  • Humans, Neanderthals, robots and rights.Kamil Mamak - 2022 - Ethics and Information Technology 24 (3):1-9.
    Robots are becoming more visible parts of our life, a situation which prompts questions about their place in our society. One group of issues that is widely discussed is connected with robots’ moral and legal status as well as their potential rights. The question of granting robots rights is polarizing. Some positions accept the possibility of granting them human rights whereas others reject the notion that robots can be considered potential rights holders. In this paper, I claim that robots will (...)
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  • Legal Personhood and Animal Rights.Visa Kurki - 2021 - Journal of Animal Ethics 11 (1):47-62.
    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.
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  • Assessing contemporary legislative proposals for their compatibility with a natural law case for AI legal personhood.Joshua Jowitt - forthcoming - AI and Society.
    The question of the moral status of AI and the extent to which that status ought to be recognised by societal institutions is one that has not yet received a satisfactory answer from lawyers. This paper seeks to provide a solution to the problem by defending a moral foundation for the recognition of legal personhood for AI, requiring the status to be granted should a threshold criterion be reached. The threshold proposed will be bare, noumenal agency in the Kantian sense. (...)
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  • Debate: What is Personhood in the Age of AI?David J. Gunkel & Jordan Joseph Wales - 2021 - AI and Society 36:473–486.
    In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that category, (...)
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  • The Democratic Inclusion of Artificial Intelligence? Exploring the Patiency, Agency and Relational Conditions for Demos Membership.Ludvig Beckman & Jonas Hultin Rosenberg - 2022 - Philosophy and Technology 35 (2):1-24.
    Should artificial intelligences ever be included as co-authors of democratic decisions? According to the conventional view in democratic theory, the answer depends on the relationship between the political unit and the entity that is either affected or subjected to its decisions. The relational conditions for inclusion as stipulated by the all-affected and all-subjected principles determine the spatial extension of democratic inclusion. Thus, AI qualifies for democratic inclusion if and only if AI is either affected or subjected to decisions by the (...)
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