“Is there a spirit present ? The legal personnification of non-human entities”
By Géraldine Aïdan, CNRS, Université Paris II Panthéon Assas
How is the mind, understood in the broad sense (metaphysical, psychic, cognitive, or artificial), taken into account in the legal personification of non-humans ? By distinguishing the register of discourse from that of law, we shall return to what is meant by “legal person” in a Kelsenian conception and ask whether and under what conditions law can grasp what is “invisible” or what does not exist – according to a certain ontology. To what extent is law constrained by a prior ontology ? Can it attribute a legal personality to ghosts, spiritual creatures, protect the “well being” of a river or recognize a “psychic harm” to robots ?
Starting from positive law, we will propose the hypothesis of the emergence of a “psychepolitics reinforced” by the contemporary legal framework of the human mind extended to the non-human.
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A co-organization by CEDRE and Prospero research center at Université Saint-Louis Bruxelles, CRED and CERSA laboratories of université Paris 2 Panthéon-Assas, and the ECN team (Environment : Concepts and Norms) of the Institut Jean Nicod at École normale supérieure.