Suchergebnisse

In early 2020, the rapid adoption of remote and communication tools by governments, businesses and individuals around the world increased their reliance on cyber infrastructure for the normal functioning of countries, businesses and businesses. And in some parts of society, the urgent need for communication, while protecting human life, takes precedence over ensuring that these communication tools are safe and resilient. However, the question is raised as to whether these tools should be considered important infrastructure or more important, depending on their tight inclusion in everyday life around the world. In many countries, the important importance of the environment to sustain human life has been recognized by extending the legal personality, or legal rights, to the environmental entity. Countries like Colombia, Ecuador, New Zealand and India have generally granted legal rights to various rivers, lakes, parks and nature. This article explores future possibilities and examples, allowing the country to consider granting legal rights to other very important institutions that are unrecognized. Human Life Looking to the future of becoming increasingly dependent on highly interdependent systems in cyberspace, could these systems be personalized? The impact of remote operations and cybersecurity can lead to a whole new perception of the importance of cyberspace dependence and, as a result, new legal treatment. Against the backdrop of extensive debate on cyberspace legislation, including the law of war, this is a more complex legal consideration, especially in the light of cross-border dependencies and systems affecting multiple jurisdictions. Is to raise. Through cyber biomimetics, this white paper adopts a blue-sky conceptual approach to study policy considerations and potential impacts when highly interdependent cyber systems in the distant future receive the same protection as environmental factors.

Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI's increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the two only rarely overlap. As a result of this failure to communicate, both areas of personhood theory fail to account for the important role that socio-technical and socio-legal context plays in law and policy development. This Article fills the gap by investigating the limits of artificial rights at the intersection of corporations and artificial intelligence. Specifically, this Article argues that building a comprehensive legal approach to artificial rights—rights enjoyed by artificial people, whether corporate entity, machine, or otherwise—requires approaching the issue through a systems lens to ensure that the legal system adequately considers the varied socio-technical contexts in which artificial people exist. To make these claims, this Article begins by establishing a terminology baseline, and emphasizing the importance of viewing AI as part of a socio-technical system. Part I then concludes by reviewing the existing ecosystem of autonomous corporations. Parts II and III then examine the existing debates around artificially intelligent persons and corporate personhood, arguing that the socio-legal needs driving artificial personhood debates in both contexts include: protecting the rights of natural people, upholding social values, and creating a fiction for legal convenience. ...

Rowlands applies the two organizing ideas of the Lockean concept of personhood — mental life and unity — to animals as potential persons. Especially valuable in this context is his descriptive phenomenology of pre-reflective self-awareness as a fundamental form of mental life that necessarily entails unity. Rowland describes certain fundamentals of mental experience that exist across species boundaries, challenging assumptions of early modern philosophers regarding the definition of human personhood and affirming the principle of evolutionary continuity. This opens the door to a broader and deeper set of questions, related to whether we should continue to attempt to apply to other animals — or to ourselves — philosophical models that are ancient and revered but contradicted in significant measure by contemporary scientific findings, especially in evolutionary biology.

Can one remain a person in war? If so, what is the price? These questions will guide the engagement with the following works. Ha Jin's fictional memoir, War Trash, creates Yu Yuan, who recounts his life as a Prisoner of War in the hands of the American Military during the Korean War. He survives and builds an ordinary family in China. Yet, half a lifetime later, he feels the urge to finish the memoir, which he notes "the best gift a poor man like him" can "bequeath" to his grandchildren. Chang-rae Lee's novel A Gesture Life follows the streams of remembrance of an elderly immigrant, Franklin Hata, to his days as a Paramedic in Japanese Imperial Army during WWII. Now a retiree with decent success, Hata can neither seem to escape his past, particularly with his love for a Comfort Woman nor can he be a beloved single father to his adopted daughter. A final engagement with Primo Levi's famed memoir Se questo è un uomo, will provide a 'stage' on which the preceding two works of fictions can be in dialogue. Levi's testament to the beast-making environment of Auschwitz and his momentary absorbance in reciting Dante's Canto of Ulysses provide a special 'lens' through which both works can be illuminated. In addition, this reading allows a fruitful discussion of the relationship between fiction and history, between the mind and a text, and between the historically based text and its author.

This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and provided other favorable characteristics related to legal personality that separated the corporation from its participants, the Supreme Court provided crucial reinforcement of these entity features by recognizing corporations as rights-bearing legal persons separate from the government. Although the legal personality of corporations is a distinct concept from their constitutional treatment, the Court's nineteenth-century rulings bolstered key features created by corporate law and simultaneously situated the corporation as subordinate to the state in a system of federalism. And, finally, the Article suggests that the balance of power struck in the first century of Supreme Court jurisprudence on corporate rights has been eroded in the modern era. The Supreme Court's failure to develop a consistent approach to corporate rights questions and its tendency to reason based on views of corporations as associations of persons have exposed a significant flaw in the Court's evolving corporate personhood jurisprudence: it lacks a limiting principle.

The Rowlands target article makes a case, based on John Locke's metaphysical argument, that personhood can be applied to many species beyond a few nonhuman primates. The problem with this argument is that personhood has an open-ended list of defining attributes and can, at best only be partially applied to nonhuman species. Therefore, a dichotomous distinction cannot be made between qualifying and non-qualifying species. Instead, between-species comparisons must be based on observational and experimental procedures to demonstrate the extent to which human mental attributes are shared with other species. This would allow a more informed view about the appropriateness of personhood in nonhumans.

Baker and Winkler (2020) advocate a rehabilitation program that would end the oppression of elephants — not by severing human-elephant relations, but by enabling human-bonded elephants to live a full life. We consider this program within a compassionate conservation framework, which recognises all sentient beings as persons. From this vantage point, we gaze further into the future to ask what direction just human-elephant relations could take: What could emerge from a human-elephant relation once elephants are no longer enslaved and requiring rescue? We envisage a future — beyond captivity and rewilding — of elephant sovereignty.

In 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status as "persons" under the law. Following this decision, debate has been rekindled among legal scholars about the meaning of "corporate personhood." This debate is not new. Over the past two centuries, scholars have considered what corporate personhood means and entails. This debate has resulted in numerous theories about corporate personhood that have come into and out of favor over the years, including the "artificial person" theory, the "contractual" theory, the "real entity" theory, and the "new contractual" theory. This Article revisits that debate by examining the various functions of corporate personhood including four functions I have identified in previous work: (1) providing continuity and a clear line of succession in property and contract, (2) providing an "identifiable persona" to serve as a central actor in carrying out the business activity, (3) providing a mechanism for separating pools of assets belonging to the corporation from those belonging to the individuals participating in the enterprise, and (4) providing a framework for self-governance of certain business or commercial activity. In this Article, I focus on the historical evolution of the corporate form, and specifically on how and why corporations have tended to develop clearly identifiable corporate personas. This corporate persona function is highly important to today's corporations and, because of this function, corporations can become more than simply the sum of their parts. This Article suggests that scholars should keep the corporate persona function in mind in evaluating corporate personhood theories, and return to a theory that sees corporations as more than a bundle of contracts.

The phenomenon of lesbian celebrity---instances where a celebrity is known to be and does not deny being a lesbian---like celebrity in general, crystallizes moral definitions and redefinitions of personhood. Yet for lesbians, this cultural form takes on a decidedly political import, insofar as questions concerning social membership are raised with every appearance of a lesbian celebrity and the ensuing controversy. Certainly, the entire category of celebrity is extremely mutable and telling of more general features of social organization and cultural reproduction. But from the perspective of lesbian celebrity, these characteristics demand an inquiry into various intersections of popular conceptions of sexuality and gender with the representational practices and structures of the mass media. Moreover, these encounters are dynamic and thus point toward various cultural changes that work upon and may alter the definitions of homosexuality and femininity, the two factors that conjoin in configurations of lesbians and lesbianism. ; The dissertation considers five aspects of lesbian celebrity. The first chapter deals with visibility politics and the place accorded celebrities as symbolic representatives of lesbian personhood. Another considers the cultural, economic, and technological changes in the past two centuries that provide the preconditions for lesbian celebrity. A third examines the opposition to celebrity during the formative years of the gay and women's liberation movements in the late 1960s and early 1970s, and its effective reversal due to a politics of self-invention, which involves attention to ones self-image. Another analyzes revisionist attempts to find precedents far lesbian celebrity in the biographies of women who lived before contemporary definitions of lesbian identity existed, or before the concept of liberation was applied to homosexuality. The final chapter investigates various techniques for image management that have been deployed in the process of producing lesbian celebrity, as exemplified by Martina Navratilova. ; Source: Dissertation Abstracts International, Volume: 61-09, Section: A, page: 3797. ; Adviser: Patricia Clough. ; Thesis (Ph.D.)--City University of New York, 2000.

In the landscape of modern theology, John D. Zizioulas is noted for his contribution in retrieving the works of the Cappadocian Fathers in the areas of Trinitarian theology and ontology of personhood. Disenchanted by the predominance of Augustinian Substantialism, which he claims to place too much emphasis on the unity of God, Zizioulas turns to the ideas of the Cappadocian Fathers in order to offer a Personalist approach in Trinitarian theology. Such an approach, in turn, leads to the development of a particular ontology of personhood, in which Person is understood both as hypostasis and ekstasis. This article appropriates Zizioulas conception of person to provide an ontological justification for the idea of democracy. Zizioulas conception of Person as hypostasis can form the ontological ground for the notion of equality, whereas his idea of Person as ekstasis offers the ground for the cultivation of a democratic political culture, in which communion with the Poor and Suffering Other is not simply a theological possibility, but a civic duty.

In spite of the academic interest in human rights in reformational- evangelical circles during the past 100 years, the existence, necessity and importance of such rights, in particular the right to human dignity, have not been provided with an underlying Scriptural foundation for the understanding and evaluation of these rights. In this article the reformational perspectives of Martin Luther are utilised and developed in order to establish a moral framework for the human right to dignity and for determining its meaning and purview as a foundational human, political and legal value.

The use of contraceptives has been controversial in recent days, especially concerning the government mandate for insurance and health care companies to financially cover contraceptives for their policy holders. The term 'contraceptive' includes anything that deliberately prevents conception or impregnation, including condoms, birth control pills, intrauterine methods, and barrier methods (Merriam-Webster, 2013). The morality of contraception largely hinges on the belief of when personhood begins.

The use of contraceptives has been controversial in recent days, especially concerning the government mandate for insurance and health care companies to financially cover contraceptives for their policy holders. The term 'contraceptive' includes anything that deliberately prevents conception or impregnation, including condoms, birth control pills, intrauterine methods, and barrier methods (Merriam-Webster, 2013). The morality of contraception largely hinges on the belief of when personhood begins.

Dalit life narratives have gained prominence in the last two decades in line with the increasing visibility of Dalits in the Indian public sphere and their vociferous demands for a more just political and social order. This can be productively situated not just in the contemporary global context of the proliferation of narratives andtestimonios of human rights violations in other parts of the world, but also in the context of an emerging conversation on the nature of "Dalit personhood" in the Indian public sphere, a category infinitely more complex than legal subjectivity and abstract citizenship. The Dalit narratives analysed here are rich illustrations of this double movement: They witness on behalf of a suffering community and keep alive the singular, non-universal nature of Dalit pain through an aesthetic that is not wholly translatable into the lexicon of rights and justice. By invoking the historical and rhetorical force of two prose fictional genres, the Bildungsromanand the picaresque, the analysis has sought to recast the testimonio less as a proxy for the legal witnessing and amelioration of Dalit pain than as a rich and expressive medium of Dalit personhood. This way of reading Dalit lives accords India's ex-untouchables a stature beyond that of victims at the mercy of the capricious sentimentality of upper-caste solidarity.

The use of contraceptives has been controversial in recent days, especially concerning the government mandate for insurance and health care companies to financially cover contraceptives for their policy holders. The term 'contraceptive' includes anything that deliberately prevents conception or impregnation, including condoms, birth control pills, intrauterine methods, and barrier methods (Merriam-Webster, 2013). The morality of contraception largely hinges on the belief of when personhood begins.