A. Bielska-Brodziak (red.), " O czym mówią prawnicy, mówiąc o podmiotowości " (S. 15-30). Katowice : Wydawnictwo Uniwersytetu Śląskiego
Personhood is a tool used by law to attribute rights and duties to specified holders.
Despite its conventional nature, the decisions of whom and why the law ascribes the status
of a person (rights‑holder)
are determined by certain philosophical assumptions on which
a given legal system is founded. They are rarely explicated in the law, remaining rather a part
of legal culture. In my opinion, the reconstruction of such philosophical assumptions of the
contemporary law concerning the attribution of personhood reveals that they are essentially
humanistic. Therefore, there is a principal difference between natural (physical) and legal
(corporate) personhood. Ultimately only the interests (good) of human beings are considered
relevant for the law and decisive for the recognition of all kinds of rights‑holders.
philosophy of personhood is more and more difficult to reconcile with numerous challenges
brought by the contemporary progress of science and technology. It becomes necessary to
reconsider not only the approach to personhood on the level of particular legal rules but also
revisit its deeper philosophical underpinnings.