A Theory of Legal Personhood

A Theory of Legal Personhood (Oxford University Press 2019)

Helsinki Legal Studies Research Paper No. 58 (2019)

31 Pages Posted: 4 Sep 2019

See all articles by Visa Kurki

Visa Kurki

University of Helsinki, Faculty of Law

Date Written: August 13, 2019

Abstract

Who, or what, is a 'person' according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to consider these questions once again. Legal personhood is a foundational concept of Western legal thought and A Theory of Legal Personhood seeks to go beyond contemporary debates, challenging our very understanding of legal personhood itself.

Drawing on extensive research, scholarship, legislation, and court cases from around the globe, this book offers readers — with or without previous knowledge — new insights into legal personhood. It scrutinizes how personhood came to be understood synonymously with the holding of legal rights. It then posits that a better understanding of legal personhood is as a cluster property. Finally, it applies this new theory to explain and structure the numerous debates surrounding legal personhood.

Keywords: legal theory, personhood, legal person, rights theory

Suggested Citation

Kurki, Visa, A Theory of Legal Personhood (August 13, 2019). A Theory of Legal Personhood (Oxford University Press 2019); Helsinki Legal Studies Research Paper No. 58 (2019). Available at SSRN: https://ssrn.com/abstract=3446600

Visa Kurki (Contact Author)

University of Helsinki, Faculty of Law ( email )

Porthania 5th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

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