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Revus
Article . 2023
License: CC BY SA
Data sources: OpenEdition
Revus
Article . 2023 . Peer-reviewed
Data sources: Crossref
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Structuring concepts of legal personhood

On legal personhood as a cluster property
Authors: Hermansson, Johan;

Structuring concepts of legal personhood

Abstract

Legal persons have traditionally been understood as entities with legal rights and/or duties. This traditional concept of legal personhood has been challenged during the last decades: In legal practice through the global development in law where previous legal non-persons such as different non-human natural entities, non-human animals, fetuses and artificial intelligences have been ascribed, or been proposed to be ascribed, legal rights and/or status as legal persons; in legal theory through, inter alia, Visa Kurki’s Bundle Theory of Legal Personhood. The purpose of this paper is to critically assess the concept of legal personhood proposed in the Bundle Theory. After discussing the definitional structured traditional concepts of legal personhood and Kurki’s argument against them, I will focus on the first main tenet of the Bundle Theory: That legal personhood is a prototype structured cluster property which consists of incidents which are separate but interconnected. I will argue that such a concept is untenable since the legal personhood of legal persons in positive law is not structured in this way. Lastly, I will suggest the use of a dual structured concept of legal personhood that maintains the benefits of previous concepts but avoids their major deficiencies.

Keywords

conceptual structure, legal person, legal personhood, Kurki (Visa), the bundle theory of legal personhood

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
hybrid