Animals and legal personality
- a thread
(Yes, Brexit and Trump and Covid, but sometimes other law and policy issues are worth considering too...)
I will add to this thread throughout the day
1.
- a thread
(Yes, Brexit and Trump and Covid, but sometimes other law and policy issues are worth considering too...)
I will add to this thread throughout the day
1.
At @FT I have done this post - please click and read if you can: https://www.ft.com/content/b6f0b022-2c70-42c3-b850-ab6b48841fcf
In">https://www.ft.com/content/b... this thread I am going to expand on the arguments and points I make there, without the constraint of a word-count and being able to link to more materials
2.
In">https://www.ft.com/content/b... this thread I am going to expand on the arguments and points I make there, without the constraint of a word-count and being able to link to more materials
2.
To begin: what is "legal personality"?
First, it is not saying a thing is a human
Instead, a human is just one of many things recognised by law as having personality
The class of legal persons comprises both natural persons (ie, humans) and artificial persons
3.
First, it is not saying a thing is a human
Instead, a human is just one of many things recognised by law as having personality
The class of legal persons comprises both natural persons (ie, humans) and artificial persons
3.
In essence: to have legal personality means two things - separate standing before a court, and capacity of having rights and/or liabilities
Some legal persons have full legal capacity - and can do most things a human can do
But some legal persons have v limited capacity
4.
Some legal persons have full legal capacity - and can do most things a human can do
But some legal persons have v limited capacity
4.
A legal person has whatever rights or liabilities the law provides
A huge area of law - the doctrine of & #39;ultra vires& #39; - is about what legal persons can and cannot do
So to say a thing should have legal personality is not to say it should have all the rights of a human
5.
A huge area of law - the doctrine of & #39;ultra vires& #39; - is about what legal persons can and cannot do
So to say a thing should have legal personality is not to say it should have all the rights of a human
5.
Therefore to say a thing should have legal personality is to say: (1) its distinct existence should be recognised at law; (2) it has standing to be heard in a court; (3) it has rights (and/or liabilities) conferred by law; and (4) those rights (or liabilities) can be enforced
6.
6.