Ludzkie, niezbyt ludzkie : esej o podmiotowości prawnej i wyzwaniach XXI wieku

Abstract

The book explores the legal conception of personhood in the context of the contemporary challenges, such as the status of non-human animals, human-animal biological mixtures (chimeras and hybrids), cyborgisation of the human body or developing technologies of artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by the present and imminent scientific and technological progress. The book discusses also some potential ways in which the most compelling problems related to the shape of personhood in law could be addressed. In particular, it outlines the conception of non-personal subjecthood that could provide an adequate normative solutions for the problematic status of sentient animals and some other kinds of entities. Arguably, non-personal subjects of law ought to be regarded as holders of one and only right only — the right to be taken into account (to have one’s vital interests taken into account and balanced with all other competing considerations). The proposed idea of non-personal subjecthood is based on inclusive humanism as opposed to the current exclusive and exceptionalist version of the humanistic foundations of the law. Inclusive humanism as the basis of the legal approach to personhood does not repudiate fully the speciesm favouring human beings. The reasons to maintain minimalized speciesm in the way in which law regards human and non-human entities are demonstrated and defended.