Legal Person

Peer reviewe

Animals, Slaves, and Corporations: Analyzing Legal Thinghood

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed

Moral Case for Legal Age Change

Should a person who feels his legal age does not correspond with his experienced age be allowed to change his legal age? In this paper, I argue that in some cases people should be allowed to change their legal age. Such cases would be when: 1) the person genuinely feels his age differs significantly from his chronological age and 2) the person’s biological age is recognized to be significantly different from his chronological age and 3) age change would likely prevent, stop or reduce ageism, discrimination due to age, he would otherwise face. I also consider some objections against the view that people should be allowed to change their legal age and find them lacking

Practice of law in the provisioning of accessibility facilities for person with disabilities in Malaysia

Malaysia’s significant changes can be seen clearly through the improvement of social welfare of the disabled and people with disabilities. Although the governments has carried out various policies and provide facilities as well as provision for the disabled but there are still many obstacles encountered by people with disabilities, especially the legal and the accessibility of facilities and services. Therefore, this paper attempts to discuss the practice of law relating of legal procedure particularly for disabled users which affects the movement of these people from one destination to another. This paper discusses the practice of law adopted in the preparation of facilities for disabled people to help them make movement independently. The study was conducted by secondary data to the Malaysia legal and policies for disabled person by comparing with United Kingdom (UK). Malaysia has come out with a strong legal framework for disabled person through People with Disabilities Act 2008 (Act 685). There are several areas in the act that still can be improved to support disabled person

An Assessment of Alternative Strategies for Increasing Access to Legal Services

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers\u27 services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have been inaugurated on a wide scale, and the organized bar has attempted to revitalize its lawyer referral services. All of this has been done, however, without a complete understanding of why people do or do not use lawyers. This Project examines factors said to affect utilization of legal services by analyzing the results of a national survey conducted between 1973 and 1974 by the Special Committee to Survey Legal Needs of the American Bar Association and the American Bar Foundation (ABA-ABF Survey). This analysis reveals that lawyer use depends principally upon three factors—the number of times a person has experienced a legal problem, whether a person owns real property, and whether a person has personal contacts with a lawyer. These findings are then used to evaluate the potential of several alternative legal delivery systems for increasing lawyer use. The Project concludes that closed-panel prepaid plans and legal clinics have the greatest potential for increasing lawyer use, though both may have only a limited impact

The Intrinsic Value of Obeying a Law: Economic Analysis of the Internal Viewpoint

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference is intrinsic, not an instrument for securing something else of value. Conversely, a person who is indifferent to a legal obligation takes a purely instrumental approach towards obedience—he obeys only when doing so secures something else of value. What explains the distribution of preferences among people to obey a law? I will sketch part of the answer that emerges from economic and psychological studies. Finding an answer is important because when laws are reasonably just and many citizens intrinsically prefer to obey them, government is easier, and life is better than when most citizens are indifferent towards obeying the law

Contracts between Legal Persons

Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The title, Contracts between Legal Persons, limits the review to that part of contract law that is generic to any legal person. A legal person is any individual, firm or government agency with the right to enter into binding agreements. Our goal is to discuss the role of the law in enforcing these agreements under the hypothesis that the legal persons have well defined goals and objectives.contract law, law and economics, contract breach, contract theory, incomplete contracts

AI as a legal person

Abstract: The idea of the legal personhood of artificial intelligence (AI) — the idea that intelligent agents can have rights and incur obligations under the law— is controversial, and in fact is often dismissed out of hand: in this paper I will argue that, on the contrary, such legal personhood may be the next big challenge for our legal systems, and we need it to deal with the new kinds ofcomplexity introduced by AI. Furthermore, I argue that we already have experiences we can look: to this end we can draw on the reasoning applied to the legal personhood recognized for corporations and other nonhuman entities. In order to do this, I address some of the criticisms against ascribing legal personhood to AI. I also look at the Canadian and EU ethical guidelines so as to keep the development of AI within the framework of human values, and I show that an ascription of legal personhood to AI is consistent with them. I also address a few of the big issues involved in making the legal personhood of AI a reality.This paper is part of the project supported by the CONEX programme and has received funding from the Universidad Carlos III de Madrid, the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement N. 600371, el Ministerio de Economia, Industria y Competitividad (COFUND2014-51509), el Ministerio de Educacion, Cultura y Deporte (CEI-15-17) and Banco SantanderUniversidad Carlos III de Madrid (APC. Read & Publish Agreement CRUE-CSIC 2023

Business Representations without Legal Person

The present article describes the gaps and imperfections existing in the current Tax legislation of Georgia which hinder the developmentof business and creates obstacles for the establishment and function of business representations. Development of the business depends onvarious factors, and one of them is legal environment. For this very reason, by providing the concrete example, according to the legislativenorms the collisions and norms are analyzed which discourage the creation and operation of the business representation that are relevantand essential for Georgia. The case study represented in the article is based upon the factual situation and provides us with the relevantpicture regarding the various problematic factors that a business can face. These factors are created due to the legislative mazes whichon the one hand, suggest at some point, very easy steps and approaches and on the other hand, are full of controversies. The legislativeregulations are essential for business representations and should not be ignored in order to avoid any violation of the law. Legal systemhas always been very strict in respect to any type of violation and according to the legal doctrine, if a person is ignorant of the relevantlaw it does not imply that he shall be free from the responsibility

From human rights to person rights : legal reflections on posthumanism and human enhancement

In the intersection between law, science and technology lies the debate on the overcoming of the boundaries of the biological structure of the human being and its implications on the idea of human rights, on the concept of person and on the conception of equality – being the latter a fundamental tenet of a democracy. Posthumanism assumes a biological inadequacy of the human body regarding the quantity, complexity and quality of information which it can muster. The same occurs with the needs of accuracy, speed or strength demanded by the contemporary environment. Under such perspective, the body is considered to be an inefficient structure, with a short lifespan, easy to break and hard to fix. The body, always seen as the locus for the definition of human, emerges as the object of a commodification process that seeks to exonerate men from their burden - by declination towards a virtual existence, totally free and rational - or to enhance them with bionic devices or drugs. This issue has already been the subject of attention by many scholars like Savulescu, Rodotà, Broston, Fukuyama and even Habermas. Therefore, the aim of this paper is to seek, by criticism and revision of the positions on the foreseen problems of this process, an adequate theoretical approach on issues like the concept of person and its connection with the idea of human rights in order to promote the fundamental statement that all men are equal without disregard to the values of diversity and personal identity