Visa AJ Kurki

Visa AJ Kurki
University of Helsinki | HY · Faculty of Law

About

23
Publications
8,192
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131
Citations
Citations since 2016
21 Research Items
130 Citations
201620172018201920202021202201020304050
201620172018201920202021202201020304050
201620172018201920202021202201020304050
201620172018201920202021202201020304050
Introduction
Skills and Expertise

Publications

Publications (23)
Article
Full-text available
This article seeks to contribute to a theoretical framework for understanding the status of children as legal persons in Western legal systems. Analytic legal philosophers have done much work in analysing concepts relevant for understanding the legal status of children. However, they have usually not approached childhood as a topic that warrants in...
Preprint
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Can nature or natural objects hold rights or be legal persons? Accounts arguing for the legal personhood of natural objects often rely on what is termed the Anything-Goes Approach: more or less any entity can be a legal person, if the legislator or some other appropriate legal actor declares the entity a legal person. The article scrutinizes two ar...
Article
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A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project (NhRP). This organization's primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes t...
Article
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This reply addresses the contributions of the book symposium on A Theory of Legal Personhood.
Chapter
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The chapter is a historical survey of the genealogy of legal personhood, offering context for how two central notions of modern legal philosophy—personhood and rights—developed. It traces how the Roman notions of personhood inspired Renaissance-era French and German scholars to start using persona in a distinct legal sense that would then, in ninet...
Chapter
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The chapter presents a new theory of legal personhood. It argues that legal personhood is a cluster property, and best understood in terms of disseverable but interconnected incidents. It sets out by distinguishing passive and active incidents, and then enumerates and presents both types of incidents. While doing so, the chapter highlights the bene...
Chapter
This chapter examines corporate legal personhood as well as the legal status of collectivities in general. It exposes a number of problems the Orthodox View has as regards the rights and duties of collectivities. For instance, many constitutions and human rights documents recognize the rights of minorities, but minorities are regardless generally n...
Chapter
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The chapter assesses the rather popular claim that anything can be endowed with legal personhood. This ‘everything-goes’ view is often supported by examples such as the putative legal personhood of Indian idols and the Whanganui River in New Zealand. The chapter exposes a conflation of two senses of the phrase ‘legal person’, which can refer both t...
Chapter
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This concluding chapter considers the role of legal personhood in normative argumentation, distinguishing normative questions that are ‘internal’ to law from ‘external’ normative questions. Particular focus is placed on the different normative claims regarding the legal status of animals. The chapter shows how the Bundle Theory can structure the mo...
Chapter
Full-text available
The chapter scrutinizes the legal personhood of artificial intelligences (AIs). It starts by distinguishing three relevant contexts. Most discussions of AI legal personhood focus either on the moral value of AIs ( ultimate-value context ); on whether AIs could or should be held responsible ( responsibility context ); or on whether they could acquir...
Book
Full-text available
Legal personhood is a foundational concept of Western legal thought. It has recently become highly topical, underpinning contemporary debates over the legal status of animals, corporations, foetuses, natural objects, and artificial intelligences. The notion is furthermore crucial in explaining the historical legal statuses of women and slaves. Rath...
Chapter
Full-text available
The chapter criticizes the Orthodox View of legal personhood for being internally inconsistent and simplistic as well as lacking in explanatory power. It focuses on four different formulations of the Orthodox View, and points out various deficiencies in all of them. The main criticism is that all of the formulations—when assessed in light of contem...
Article
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This article introduces a new formulation of the interest theory of rights. The focus is on 'Bentham's test', which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if th...
Article
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The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one's chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions...
Chapter
The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural...
Article
Full-text available
Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinit...
Article
This essay takes as its starting point a recent judgment by the New York State Supreme Court, Appellate Division, which denied habeas corpus to the chimpanzee Tommy. The conclusion of the judgment is not challenged, but rather its underlying premise: that legal personhood could be straightforwardly equated with right-holding and/or duty-bearing. Th...
Article
Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinit...

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