Who are Law's Persons? From Cheshire Cats to Responsible Subjects

Naffine, Ngaire

doi:10.1111/1468-2230.6603002

Cited by 181 publications

(103 citation statements)

References 6 publications

(6 reference statements)

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“…13 First, there is the ordinary language view that 'person' and 'human being' are interchangeable or coextensive (Teichman, 1985). This belief is consistent with the broad Kantian sense, and is axiomatic in discussions of 'human rights' in which the fact that human beings are the 'natural' subjects of rights from birth onwards by the mere fact of being born human, irrespective of considerations regarding their mental or physical 13 See Naffine's (2003) useful discussion of these three types.…”

Section: From Human Beings and Responsible Subjects To Points Of Impumentioning

confidence: 94%

Legal personhood and the firm: avoiding anthropomorphism and equivocation

Gindis

2015

Journal of Institutional Economics

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Abstract:From the legal point of view, "person" is not coextensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm's legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm.

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Section: From Human Beings and Responsible Subjects To Points Of Impumentioning

confidence: 94%

Legal personhood and the firm: avoiding anthropomorphism and equivocation

Gindis

2015

Journal of Institutional Economics

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“…Instead, she emphasises its universality and inevitability (see also Naffine, 2003). In order to avoid paternalism, vulnerability theory must remain relational as well as context driven, rather than status based.…”

Section: :9)mentioning

confidence: 99%

Criminalizing Vulnerability

Singh

2017

Social & Legal Studies

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Singh, SFCriminalising vulnerability: Protecting 'vulnerable' children and punishing 'wicked' mothers http://researchonline.ljmu.ac.uk/6298/ Article LJMU has developed LJMU Research Online for users to access the research output of the University more effectively. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LJMU Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain.The version presented here may differ from the published version or from the version of the record. Please see the repository URL above for details on accessing the published version and note that access may require a subscription. AbstractThis article aims to uncover how, in attempting to ameliorate the vulnerability of children, the offence of 'causing or allowing the death of the child' criminalises abused mothers. It explores how, in the courtroom, tropes of female criminality and constructs of the 'bad' mother are mobilised in ways that are both gendered and 'classed'. The effect is to silence female defendants, deprive their actions of context, and deny them agency. This argument has implications for assessing the moral and legal culpability of abused women who fail to protect their children, because it shifts the focus onto how the abuser has exploited and exacerbated the vulnerability of both mother and child. This approach also challenges law's preoccupation with scrutinising (and punishing) women who do not adhere to a glorified, middle class ideal of motherhood. More broadly, by focusing on the context of a woman's alleged 'failure', there opens a space within legal discourse to refute the characterisation of female criminality as being either 'mad' or 'bad', and of women who engage in criminal behaviour as being either 'virgins' or 'whores'. Finally, in focusing on vulnerability as a universal and unavoidable part of the human experience, gendered assumptions of autonomy and the self/other dichotomy are challenged. Keywords'causing or allowing the death of a child', 'failure to protect', mothers, domestic abuse, vulnerability, agency

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“…For a detailed discussion of the concept of legal personality see Smith 1928, Naffine 2003and Note 2001 objects around which legal rights and duties coalesce. The idea that legal personhood is conceptually distinct from the human person echoes a similar distinction present in philosophy and theology.…”

Section: Legal Personalitymentioning

confidence: 99%

Legal personality, minority religions and religious accommodation in Eastern Europe

McFaul¹

2017

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Abstract. An important aspect of religious accommodation in the public sphere is the willingness or otherwise of the State to accommodate religious groups, as well as individuals professing religious beliefs. The accommodation of religion in the public sphere can depend upon law and policy makers choosing to recognise certain beliefs and practices as religious beliefs and practices and, in certain contexts, this recognition is contingent upon religious groups acquiring legal personality. Achieving this recognition has proved to be problematic for minority religious groups, especially in Eastern European jurisdictions. This paper seeks to consider State responses to regulating minority religions, including new religious movements, in Eastern Europe by reference to a number of recent cases before the EuropeanCourt of Human Rights. It will pay particular attention to the extent to which approaches to the acquisition of legal personality for religious groups may restrict or undermine religious freedom and accommodation.

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Who are Law's Persons? From Cheshire Cats to Responsible Subjects

Cited by 181 publications

References 6 publications

Legal personhood and the firm: avoiding anthropomorphism and equivocation

Legal personhood and the firm: avoiding anthropomorphism and equivocation

Criminalizing Vulnerability

Legal personality, minority religions and religious accommodation in Eastern Europe

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