We Have Never Been Persons!
Year: 2025
Type: article
Abstract: The paradigm that only humans, by virtue of being human, are persons and that non-human entities – such as cooperative groups of humans, ecological systems, or artificial intelligences – cannot be legal persons is problematic. This essay advocates for a paradigm shift in practical philosophy and legal theory: instead of viewing personhood in law as something one can be , it should be understood as a fiction – a role that entities can assume. This reframing allows us to ask a more meaningful question: “Who can have personhood in law?” rather than “Who can be a person?” The essay reconstructs the constructive nature of legal personality and explores this idea through the lens of the Apollonian dream. Ultimately, the goal of law should be to unite humans and their personhood – initially conceived – by permitting both legal and non-legal communication for conflict resolution within the legal framework, thus recognizing a right to law and simultaneously a right to non-law.
Source: Pólemos
Author: Jann Maatz
Institution: Justus-Liebig-Universität Gießen
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,712
OpenAlex ID: W4413910672