Robot as Legal Person: Electronic Personhood in Robotics and Artificial Intelligence

This paper seeks to investigate the proposal to create a legal (electronic) personhood for robots with artificial intelligence based on the European Parliament resolution with recommendations on Civil Law and Robotics. To this end, we highlight the various risks and problems present in this type of initiative, especially in view of the current trend of expanding legal subjectivity in various jurisdictions. In addition to an anthropomorphic rhetoric, we can observe the prevalence of a pragmatic line that seeks to be guided, mainly, by the model of corporations, without taking into account, however, problems present in the process of embodiment of companies and the particular function of the term legal person in the grammar of Law.

Law, Freedom, and Slavery

This paper argues that the wrong of slavery lies in the denial of the good of law to the slave. Defending this proposition will require the positing of three related claims: (i) that law is good, (ii) that the good of law is denied to the slave, and (iii) that the denial is wrong. This paper will defend the main proposition by defending its three constituent claims. On claim (i), the paper will relate the form of law to the formation of freedom. On claim (ii), the paper will relate law’s objectivity to legal subjectivity. On claim (iii), the paper will relate the state of nature to the state of civil society.

International Juridical Forms and Legal Subjectivity: A History of the Subject in Southeast Asia from the Anglo-Dutch Treaty of 1824 to the ASEAN Charter

Using Michel Foucault's concept of modes of objectification, this paper argues that treaties, declarations, and agreements constitute international juridical forms that transform human beings into legal subjects. It retraces the objectification of “natives” in nineteenth-century colonial treaties that made human beings accessories to territories and transformed them into colonial subjects. This legal construct, the paper contends, was rendered unstable in the UN era when treaties re-objectified the “natives” into “peoples”, thereby allowing colonial subjects to re-subjectify themselves into actors and re-describe themselves with an adjective, a nationality. The paper then brings the history to the twenty-first century and posits that ASEAN is now objectifying new trans-national subjects that are ontologically connected to the regional economy. This history of legal subjectivity reveals not only the power of international juridical forms as a mode of objectification, but also the trajectory of subject formation in Southeast Asia under the ASEAN Charter.

The issue of developing animal legal subjectivity

Currently almost all democratic countries grant legal protection to animals, guaranteeing them the right to life and freedom from suffering as a basis. Nevertheless, in certain countries, such as the United States and India, attempts are made to grant select species a package of rights which predisposes them to be called subjects instead of objects of law, and distinguishes them from other animals. Such activities are most commonly explained by the development of biological sciences, allowing for a better understanding of the abilities of animals in the intellectual and social spheres. Such demands, due to the still unclear legal status of animals in certain countries, are perceived as equating the position of humans and animals.

Constructing the nation through immigration law and legal processes of belonging

The aim of this critical literature review is to define the connection between immigration policies and the construction of a national identity, and to discuss what the implications of such connections may be. Tracing how the legal subjectivity of the migrant has developed throughout time and through policy reveals how messages about the nation and Others are created, sustained, and circulated through legal policies. What values are implicit within Canadian immigration policy? How does the migrant ‘other’ help ‘us’ stay ‘us’? How do nationalist ideologies construct the Other and how is this reflected in labour market segmentation? Constructing a national identity involves categorizing migrants into legal categories of belonging, a process in which historical positions of power are both legitimized and re-established through law. Discourses about temporary foreign workers provide examples of how the Other is framed in limited terms and in opposition to that of legitimate members of Canadian society. Key Terms: Citizenship, discourse, subjectivity, immigration law, identity, power, humanitarianism, temporary foreign workers, labour market segmentation.

Constructing the nation through immigration law and legal processes of belonging

The aim of this critical literature review is to define the connection between immigration policies and the construction of a national identity, and to discuss what the implications of such connections may be. Tracing how the legal subjectivity of the migrant has developed throughout time and through policy reveals how messages about the nation and Others are created, sustained, and circulated through legal policies. What values are implicit within Canadian immigration policy? How does the migrant ‘other’ help ‘us’ stay ‘us’? How do nationalist ideologies construct the Other and how is this reflected in labour market segmentation? Constructing a national identity involves categorizing migrants into legal categories of belonging, a process in which historical positions of power are both legitimized and re-established through law. Discourses about temporary foreign workers provide examples of how the Other is framed in limited terms and in opposition to that of legitimate members of Canadian society. Key Terms: Citizenship, discourse, subjectivity, immigration law, identity, power, humanitarianism, temporary foreign workers, labour market segmentation.

Cuban State and Legal Subjectivity in the 19th Century: Origins and Process of Formation

This article is devoted to the origins of the Cuban state-legal subjectivity. The Cuban nation, which was born in the second half of the 18th century, went through a series of fundamental transformations in the 19th century, the basic result of which was the liberation from the yoke of the Spanish metropolis and the achievement of national independence. A number of social, foreign policy, and financial and economic factors contributed to this aspect. The American protectorate, however, imposed on Cuba in the form of the Platt Constitutional Amendment of 1901, did not allow the Island of Liberty to enjoy full sovereignty, which ultimately led to the victory of the Cuban Revolution of 1959.

Endowing Artificial Intelligence with legal subjectivity

This paper reflects on the problem of endowing Artificial Intelligence (AI) with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity in this hierarchy determines the scope of subjectivity attributed to it. Rather, it is participation or presence in social life, whatever the role, that is the true criterion of subjectivity. In addition, it is clear that even if AI is not currently a significant participant in social life, it will be in the nearest future. Despite the potential dangers associated with endowing AI with some kind of subjectivity, such a course is inescapable, and should be considered sooner rather than later.