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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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Philosophical Anthropology as a Model of Human Legal Subjectivity

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1. The right to legal subjectivity

Law as a system of norms plays an important role within every culture, most especially because of the extent and significance of its influence on the most fundamental aspects of every person’s individual and social life. Its regulations guide human activity in minor civil and administrative matters as well as in political and public contexts. The very capacity for such agency is, in most cases, dependent on recognition of the individual as a subject by the binding law and his formal participation in the political organization governed by law. Awareness of the force of interaction and universality of legal norms, understood as a context of social functioning of individuals, is of fundamental significance in any attempt to sketch an image of man emerging from emerging from the law.

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