Sua cuique persona? A Note on the Fiction of Legal Personhood and a Reflection on Interdisciplinary Consequences

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Abstract

Abstract, The image of the mask is a well-known metaphor in law. It exemplifies the legal persona in that it both hides the private sphere and at the same time it enables participation in the public sphere by means of the legal personality of the rights-and-duties-bearing person that can effectuate legal standing. But legal personhood is itself a fiction, because it is a construction of law without which human beings would “merely” be individual persons.This fiction is most explicit in the artificial personality of corporations. Historically, the attribution of personhood by law shows that issues surrounding personhood, identity and, or in relation to, the body often lead to normative and philosophical contestations. These are important to note in view of disciplinary co-operations of the “Law and” kind on the view that conceptual differences in co-operating fields lead to new Babels rather than interdisciplinary successes.
Original languageEnglish
Pages (from-to)287-317
Number of pages34
JournalLaw & Literature
Volume28
Issue number3
DOIs
Publication statusPublished - 15 Dec 2016

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