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Theory of Legal Personhood
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.
Personhood Beyond Humanism
This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by current and imminent scientific and technological advances. Further, the book outlines an original conception of non-personal subjecthood so as to provide adequate normative solutions for the problematic status of sentient animals and other kinds of entities. Arguably, non-personal subjects of law should be regarded as holding one right, and only one right - the right to be taken into account.
Animal Law Worldwide
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The Position of Roman Slaves
Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social diff...
We, the Robots?
Explains how artificial intelligence is pushing the limits of the law and how we must respond.
Person, Thing, Robot
Why robots defy our existing moral and legal categories and how to revolutionize the way we think about them. Robots are a curious sort of thing. On the one hand, they are technological artifacts—and thus, things. On the other hand, they seem to have social presence, because they talk and interact with us, and simulate the capabilities commonly associated with personhood. In Person, Thing, Robot, David J. Gunkel sets out to answer the vexing question: What exactly is a robot? Rather than try to fit robots into the existing categories by way of arguing for either their reification or personification, however, Gunkel argues for a revolutionary reformulation of the entire system, developing a...
When Environmental Protection and Human Rights Collide
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Interpretation in Polish, German and European Private Law
The interpretation of declarations of intent and contracts is a very difficult task, especially with regard to crossborder partners. Read the informative proceedings of the international conference in Katowice as to the topics: - Interpretation of foreign law by German courts - Theories of interpretation in private law - Interpretation of contracts under the German BGB and under the CFR - Interpretation of the juridical acts - a comparative perspective - The "common" interpretation of national law - Iuris cogentis and iuris dispositivi rules / provisions in contract and corporate law - Relevance of circumstances in which the contract was concluded - Is there "the one true interpretation of a law"? - Is the wording of the law a limitation for its interpretation?
Content and Competence
"Jakob Weissinger unpacks a central problem in jurisprudence - the concept of rights - by examining other core concepts of normative practice and how they are interwoven. The result is a stand-alone theory which fundamentally questions established approaches."--
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
