New (Id)entities and the Law: Perspectives on Legal Personhood for Non-Humans

Details

Ressource 1Download: BIB_88595BD8888D.P001.pdf (637.96 [Ko])
State: Public
Version: author
Serval ID
serval:BIB_88595BD8888D
Type
Report: a report published by a school or other institution, usually numbered within a series.
Collection
Publications
Title
New (Id)entities and the Law: Perspectives on Legal Personhood for Non-Humans
Author(s)
Koops B.-J., Jaquet-Chiffelle D.-O., (eds.) 
Institution details
FIDIS consortium, EC contract 507512
Issued date
10/2008
Number
17.2
Genre
Report
Language
english
Number of pages
74
Notes
peer-reviewed
Abstract
New entities in the information society that operate at increasing distance from the physical persons 'behind' them, such as pseudonyms, avatars, and software agents, challenge the law. This report explores whether such entities - abstract persons - could be attributed legal rights and/or duties in some contexts, thus creating entities that are addressable in law themselves rather than the persons 'behind' them. Are current legal constructions sufficient to solve potential conflicts involving new entities, or would it help to create (limited) legal personhood for these new entities? The report identifies three strategies for the law to deal with the challenge of new entities: interpreting existing law, changing the law with specific rules, and changing the legal system by granting limited or full legal personhood to new entities. It provides a tentative conclusion and an agenda for further research.
Keywords
FIDIS, legal personhood for non-human, non-human legal actors, limited legal personhood
Create date
27/09/2010 8:14
Last modification date
20/08/2019 14:47
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