Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

This article presents a critique of the Orthodox View of legal personhood, which traditionally aligns personhood with the capacity to hold rights and duties. It explores the Bundle Theory proposed by Visa Kurki, which redefines legal personhood as a cluster concept composed of passive and active elements, and which challenges the binary nature of personhood, proposing a spectrum ranging from full to partial personhood. It also considers which entities can be legal persons and offers a brief overview of new, alternative ontologies.

Authors

Publication Details

Journal
AUC IURIDICA
Published
2024-11-28
DOI
https://doi.org/10.14712/23366478.2024.159
Citations
1
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
4.07
Controls
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article

Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

Zsófia Folková
1 citations
AUC IURIDICA
Environmental law and policy
4.07
article

Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

Zsófia Folková
article en
1 citations

Abstract

This article presents a critique of the Orthodox View of legal personhood, which traditionally aligns personhood with the capacity to hold rights and duties. It explores the Bundle Theory proposed by Visa Kurki, which redefines legal personhood as a cluster concept composed of passive and active elements, and which challenges the binary nature of personhood, proposing a spectrum ranging from full to partial personhood. It also considers which entities can be legal persons and offers a brief overview of new, alternative ontologies.

AUC IURIDICAVol. 70(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
Environmental law and policy
4.07
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Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory — Zsófia Folková · AUC IURIDICA (2024) | TGRS Research Map | TGRS