The nature of legal entities 2200-1I057
In recent decades, a number of new types of entities have been earning a status of a legal person (or a similar one), including animals (e.g. in Haryana, India), elements of the natural environment, such as rivers or mountains (famous examples are the Whanganui River and Mount Taranaki in New Zealand), as well as increasingly complex corporate agents. There is also an ongoing debate (e.g. in the EuropeanUnion) concerning a legal status of so-called ‘electronic persons’ (AI and robots). It is often rather difficult to accommodate these legal provisions within the picture behind the Orthodox View of legal personhood, which prevails in Western legal systems. According to this picture, legal personhood amounts to either a holding of rights and a bearing of duties or the ‘legal capacity’ to hold rights and bear duties (see Kurki, 2019). During this seminar we will try to critically evaluate the Orthodox View of legal personhood.
Type of course
general courses
Mode
Course coordinators
Assessment criteria
Method:
We will discuss some contemporary texts regarding:
(a) ontology of legal entities;
(b) agency of legal entities;
(c) identity of legal entities.
Some of the seminars will host guest speakers and might take place on-line (via google classroom).
Grading:
Based on an essay/ presentation/ active participation in the course.
Maximum 2 seminars can be missed
Bibliography
• Kurki, AJV. (2019). A Theory of Legal Personhood, Oxford University Press.
• French, P. A. (1979). The corporation as a moral person. American Philosophical Quarterly, 16, 3, pp. 207-215.
• List, C., Pettit, P. (2011). Group agency: The possibility, design, and status of corporate agents. Oxford University Press.
• Longchamps de Berrier, R. (1911). Studya nad istotą osoby prawniczej. Przegląd prawa i administracyi.
• Naffine, N. (2009). Law’s Meaning of Life. Philosophy, Religion, Darwin and the Legal Person. Hart Publishing.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: