(in Polish) Nie-ludzie jako podmioty prawa

Seminar, 20h

Teaching methods applied: An analysis of literature, regulations and court decisions from different countries

In recent decades, a number of new types of entities have been earning a status of a legal person (or a similar one), including animals (e.g. in Haryana, India), elements of the natural environment, such as rivers or mountains (famous examples are the Whanganui River and Mount Taranaki in New Zealand), as well as increasingly complex corporate agents. There is also an ongoing debate (e.g. in the EuropeanUnion) concerning a legal status of so-called ‘electronic persons’ (AI and robots). It is often rather difficult to accommodate these legal provisions within the picture behind the Orthodox View of legal personhood, which prevails in Western legal systems. According to this picture, legal personhood amounts to either a holding of rights and a bearing of duties or the ‘legal capacity’ to hold rights and bear duties (see Kurki, 2019). During this seminar we will try to critically evaluate the Orthodox View of legal personhood.

• Kurki, AJV. (2019). A Theory of Legal Personhood, Oxford University Press

• French, P. A. (1979). The corporation as a moral person. American Philosophical Quarterly, 16, 3, pp. 207-215.• List, C., Pettit, P. (2011). Group agency: The possibility, design, and status of corporate agents. Oxford University Press.

• Naffine, N. (2009). Law’s Meaning of Life. Philosophy, Religion, Darwin and the Legal Person. Hart Publishing.

Knowledge | The graduate knows and understands:

WG_02 - the main development trends in the disciplines of the social sciences in which the education is provided

Skills | The graduate is able to:

UW_01 – make use of knowledge from various fields of science, in particular the social sciences in order to creatively identify, formulate and innovatively solve complex problems or perform tasks of a research nature, and in particular to: define the purpose and object of scientific research in the field of the social sciences, formulate a research hypothesis; develop research methods, techniques and tools and apply them creatively; make inferences based on scientific findings

UK_04 - participating in scientific discourse in the field of the social sciences

Social competences | The graduate is ready to

KK_01 - critically evaluating achievements within a given scientific discipline in the field of the social sciences

Description of requirements related to participation in classes, including the

permitted number of explained absences: 2 absences are allowed; active in-person participation based on acquaintance with mandatory class readings is required; some classes may take a hybrid form – when guest speakers are invited

Principles for passing the classes and the subject (including resit session): active participation; passive participation is possible but an additional written essay is required then to pass the class

Methods for the verification of learning outcomes: To be verified during class discussions

Evaluation criteria: active participation, acquaintance with mandatory class readings; in case of essays – (1) length, (2) structure, (3) quality of arguments;

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