The future of the person / edited by Hans-W. Micklitz and Giuseppe Vettori.

Format:

Book

Contributor:

Micklitz, Hans-W., editor.

Vettori, Giuseppe, editor.

Bloomsbury (Firm), publisher.

Series:

Future of private law.

The future of private law

Language:

English

Subjects (All):

Civil law.

Physical Description:

1 online resource (540 pages)

Edition:

1st edition.

Place of Publication:

London : Hart Publishing, 2025.

Summary:

This book rigorously debates the notion of the person, a fundamental concept which underpins national private law orders worldwide.

Contents:

Intro

Contents

List of Contributors

1. Introduction

I. Context and Focus of this Book

II. The Abstract Subject of the Nineteenth Century and the Homo Dignus of the Twentieth Century

III. The Non-subject

IV. The Subject and the Person in the Time of Info-cracy and Self-cracies

PART I: CONCEPTUAL

2. Private Law and the Embedded Person

I. Introduction

II. A Fragmented Person?

III. Three Disappointing Alternatives

IV. Private Law's Embedded Person

V. The Road Ahead

3. 'Discourses Survive, Humans Die': Trans-subjective Rights

I. From 'Something' to 'Someone': Naming and Watching

II. Becoming a Subject in a Courtroom

III. Structural Weakness of Long-term Interests in Electoral Democratic Systems

IV. Agency for Mother Earth: Contrasting Representative Hegemonies over Social Discourses

V. Trans-subjective Right: a Right to Act through Herself

VI. Non-appropriability of Trans-subjective Rights

VII. From Rights without Subject to Rights 'Through but Beyond' Subject

VIII. Rights through their Subjects: Bruns/Jhering

IX. No Trans-subjectivity without Confinement. The Hetero-destination of Compensation

X. The Discursive Multiverse of Trans-subjectivity

4. Private Law Subjects in European Mini-publics

II. The Person as a Justificatory Equal

III. Collective Private Law Self-determination in the EU Today

IV. Towards a more Radically Democratic European Private Law

V. Democratic Exclusion through Sortition

VI. Realistic?

5. The Person of the Future: The Dialogue of Intelligences between Humanism and Technoscience

I. The Uncertainties of Time and the Task of Becoming what we are

II. The Digital Revolution: Promises, Doubts, Rights

III. Thinking about Technology and the Teachings of Science

IV. The Technical Constitution of the Individual.

V. The Embodied Person, the Historical Horizon and the Compass of Principles

6. Person and Future

I. A Premise. The Historicity of the 'Person'

II. Florence, Genius Loci of Humanism and Social Personalism

III. From the Subject to the Person

IV. Personalism and the Philosophy of the Impersonal

V. The Preamble to the EU Charter of Fundamental Rights - The Person and the Principles of Democracy and the Rule of Law

VI. The Consumer as a Person

VII. The Rights of Future Generations

VIII. The Political Value of the Subject and the Historicity of the Person

IX. Towards the Future. The Role of Rights and Law

PART II: RECONSTRUCTION

7. Persons, Identities and the 'Right to be Oneself'

I. 'Identity': A Multifaceted Self

II. The Historicisation of the Distinctive Criteria and Attributes of the Individual

III. Combinations and Intersections of Identification and Discrimination Criteria

IV. Identity, Human Rights, Discrimination

V. Doctrinal, Legislative, Jurisprudential Creation of Human Rights

VI. Human Rights beyond Rhetoric: the Acceptance of Identities

VII. Recent Textual Models of Human Rights Protection

VIII. 'Nature' and Sex Discrimination

IX. Nature and Religions of the Book

X. The Ideological Use of Nature and Sex Discrimination

XI. The Role of 'Nature' in Discrimination Based on Sexual Orientation

XII. The Qualification of the 'Different'. Medicine and Psychology

XIII. Human Rights and Gender

XIV. The Digital Identity

XV. The Right to be Oneself

8. Intersectionality and Law: Right or Method?

II. Intersectionality

III. References to Intersectionality in United Nations Documents and European Law

IV. The Intersectionality Perspective: increasing Social equalisation or weakening the discriminated?.

V. A Look from the right distance. Intersectionality: to what End?

VI. Intersections of Categories and Critique of categorical Abstraction

VII. The Epistemic Limit of intersectionality. Axiomatic Groupings, claim Action, reactive Aggression

VIII. Intersecting in Court

IX. Right to Assert Intersection or Judicial Duty to Consider it?

X. Intersecting multiple Anti-discrimination Norms

XI. Very Short Treatise of Equality and Difference

XII. Good Intersections in the Court. Hermeneutics of Normative Effectiveness

9. The Many Persons of Law - History of Ideas and Practices

I. Persons vs Things

II. Person of Rights and Duties

III. Towards New Legal Persons

IV. Legal Personhood as a 'Cluster Property'

V. Conclusions

10. From Abstract Legal Subjects to Real Life

I. Returning to Past Sins

II. Question: How Blindfolded should the Goddess of Justice be?

III. From Abstract Legal Concepts towards Real Life - also of the Legal Subject?

IV. Towards a Personalised Legal Subject?

V. The Problem of Equality

VI. Conclusion - Rule of Law?

PART III: TECHNOLOGY

11. Treating AI as a Legal Person: Simply a Means to a Regulatory End?

II. Two Responses

III. Two Troubling Futures

IV. Conclusion

12. The Self and the Commodified Self: Biotechnologies before the Bare Life

I. The Human Body and the Building of the Impersonal

II. The Ownership Dilemma

III. What Price Consent?

IV. Property in the Body. An Evolutionary Approach

V. Concluding Remarks

13. Rights for those who Unwillingly, Unknowingly and Unidentifiably Compute!

I. Introduction: Computed Persons, Computing Persons

II. Computing with Confidentiality

III. Legal Considerations

IV. What is Needed?

V. Conclusion

PART IV: SOCIETY, ECONOMY AND NATURE.

14. The Remains of the Corporation: A Future of Fragmented Corporate Personhood

I. Introduction: Creating and Fragmenting Persons

II. The Making of Corporate Person

III. Fragmenting Corporate Persons

15. The Contractualisation of the Consumer Worker

II. The Problems of Contractualisation: Deconstructing the 'Consumer' and the 'Worker'

III. Contract Law Solutions: Reconstructing the 'Consumer' and the 'Worker'

IV. The Challenge: a Holistic Approach to the 'Consumer Worker'

16. The Legal Personalisation of Nature: A Problem of Method

I. The Impasses of the Binary Division of Persons and Things

II. Reformulating the Question. Epistemological and Methodological Difficulties Specific to Law

17. Public Policy and Dignity of the Individual

I. The Dignity of Individuals between Public Policy and Morality: The Conceptual Issue

II. The Debated Relationship between Public Policy and Morality in the Italian Legal System

III. Exercise of Economic Freedoms and the Dignity Limit

IV. Final Remarks

18. The Human Person and Data: Beyond the Individualistic Approach

I. The Person, Data and Digital Transition

II. Transformations of European Data Law: From Data Protection to Data-sharing

III. The DGA and the Three Dimensions of Data Governance

IV. Public and Private

V. The Collective Dimension

VI. The Chiaroscuro of the European Model

VII. Beyond Data Individualism

19. Collective Units as Subjects of Liability in Collective Interest Cases

II. Techniques for Imposing Liability on a Collective Unit

III. Exploring the Applicability of the Models in Corporate Groups

IV. Discussion and Conclusion

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509982752

1509982752

9781509982738

1509982736

OCLC:

1500766226