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New Approaches to the Personhood in Law

Essays in Legal Philosophy

Edited By Tomasz Pietrzykowski and Brunello Stancioli

The concept of personhood becomes increasingly controversial in modern legal debates. The advancements in the contemporary science and technology entail the need for reconsideration of who should count as a person in law and why. Animals, cyborgs, artificial agents and the like may pose the most important challenge for the legal orders in the 21 st century. The volume collects essays addressing various aspects of this challenge and provide an overview of what may become the most interesting and far-reaching dilemma for the law in the years to come.
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Beyond Personhood: From Two Conceptions of Rights to Two Kinds of Right-Holders

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Tomasz Pietrzykowski

Beyond Personhood: From Two Conceptions of Rights to Two Kinds of Right-Holders*

1. Two Theories of Rights

The long debate over the concept of rights is widely known. The so-called Interest Theory of Rights has been advanced by, i.a., Jeremy Bentham, Rudolf von Jehring, Joseph Raz, Neil MacCormick, and recently, Matthew H. Kramer. The proponents of the competing Will Theory include such names as Bernard Windscheid, Herbert L. A. Hart, Nigel Simmonds, or Hillel Steiner. Both theories continue to attract supporters and remain in use until today.

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