5. The Law and the Person

Question 1

What is the definition of a legal personality, and how does it differ between natural and juridical persons? Consider the aspects of rights, obligations, and accountability in your response.

Answer 1

Legal personality:
- An entity subject to rights, obligations
- Interests protected by the law
- Allows it to engage in legal activities and be accountable for their actions
- Natural and juridical persons

Natural persons:
- Legal personality acquired by being born
- Can rationalize and has the capacity to act
- Recognized under natural law and international human rights law (Universal Declaration of Human Rights [UDHR])
- States human’s dignity, equality, and rights

Juridical persons:
- Artificial entities (corporations/organizations)
- Granted personality through legal process
- Don’t have moral conscience or don’t have the capacity to act like natural persons
- Participate in collective activities, have liabilities, ensure economic transparency
- Can be sued, own property, and enter contracts

Question 2

Discuss the significance of Article 6 of the UDHR (Universal Declaration of Human Rights) 1948 in the context of recognizing natural persons before the law. How does this recognition impact the exercise of individual rights?

Answer 2

Article 6 of UDHR (1948):
- Everyone has the right to be recognized as a person anywhere before the law
- This recognition is essential for the enjoyment of individual rights (life, property, speech, nationality)

Question 3

Explore the reasons and benefits behind granting legal personality to juridical persons (like corporations). How does this legal status facilitate collective activities, manage liability, and contribute to economic efficiency?

Answer 3

Facilitating Collective Activities:
- Pooling of efforts, skills, and resources of multiple individuals

Managing Liability and Ensuring Continuity:
- Since they exist outside of their founders
- Allows for activities to continue beyond the lifespan of their founders

Economic Transparency and Efficiency:
- Creating legal entity, clarifies its assets and liabilities
- Relieves individuals in a corporation for bearing these risks alone, which would be inefficient

Limited Liability:
- Liability limited to extent of the investment of individuals into the corporation
- Beneficial for traders and investors, reduces potential losses

Question 4

Evaluate the arguments for and against extending legal personality to non-human entities such as animals, sentient beings, and AI. What are the moral, legal, and practical considerations involved in these debates?

Answer 4

Pros:
- Morally: well-being of animals needs to be respected, they are sentient and we are responsible for them
- Legally: Cases of animal cruelty and neglect would be a lot easier if animals were not considered as “property”
- Practical considerations: AI can be held more liable for their role in interpretting and understanding (sometimes private) data

Cons:
- Cognitive Limitation: Legal personhood requires a level of legal understanding/responsibilities that animals just don’t have
- Logistical Challenges: Determining appropriate representation and decision-making mechanisms is a challenge for animals
- Unintended Consequences: If animals considered people, litigation would become more complex would strain the legal system

EU AI Act:
- Make sure AI systems in EU are safe, transparent, traceable, non-discriminatory and enviromentally friendly
- Overseen by people, not by automation

Question 5

How is the commencement and termination of legal personality determined for natural persons? Discuss the legal implications of birth and death in the context of acquiring and losing legal personality. Paradiso and Campanelli v. Italy, nasciturus, genome editing.

Answer 5

Birth:
- Legal personality acquired at the time of live birth, detachment of mother’s womb (Art. 30 SCC)
- Enables them to rights and obligations under the law
- Post-morten children: children born after death of parents (frozen sperm)
- Child will not be considered as father’s, as he is dead, unless there is a written consent by him

Paradiso and Campanelli v. Italy (2015):
- The father must be physically connected to the child, otherwise, it will be taken away and given up for adoption
- Considered a form of kidnapping

Genome Editing:
- Prohibited to edit human DNA
- Could create a new species
- It is allowed to choose embryos
- Lately it has become safer, people say it should be regulated

Nasciturus:
- Art. 29 SCC
- Conceived but unborn
- Child conceived considered already born for all purposes that are favourable to them
- Provided child were to be born meeting conditions of Article 30
- No rights/legal personality unless born
- Ex: Inheritance before being born, purpose is benefitial

Death:
- Legal personality terminated, via court or medical certificate
- Status: Alive, dead, absent (not interacting in the system but not declared dead, someone appointed to represent you in the system)
- Takes away rights and obligations (succession) under the law