UDTR Global Rights of Nature Radar

The law of persons today: at the margins of jurisprudence

Identification

Public canonical key

doi:10.1080/17521483.2017.1320041

Authors

Edward Mussawir · Connal Parsley

Reported year

2017

Reported language

en

Source type

article

First detected

2026-11-09T19:04:47.865753+00:00

Last metadata observation

2026-11-09T19:04:47.865753+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Griffith University · University of Kent

Reported affiliation countries

AU · GB

Documentary abstract — original language

Recent decisions have given legal identity to rivers such as Te Awa Tupua in New Zealand, and the Ganges and Yamuna in India, effectively treating them as having all the rights, duties and liabilities of a legal person. Looking at such cases, in which the enduring fiction of the legal person is extended over an increasingly wide range of referents, we are reminded that this fiction is anything but marginal – especially in the law of any jurisdiction influenced, however indirectly, by Roman jurisprudence. This paper begins from the point of view that the anthropological embedding of the juridical person ought not to be anachronistically attributed to the Roman ‘law of persons’ in which its craft originated. Rather, we suggest, the well-known Christian metaphysicalization of the juridical person as a moral entity not only adds to but also transforms and displaces that law as a juristic enterprise. What is marginalized in this sense is in fact Roman law's discrete and self-conscious techniques of shaping the legal person. This chapter aims not just to highlight the familiar fate of the person under the influence of church doctrine, but also to draw a contemporary inspiration – and, more cautiously, a critical potential – from a return to a casuistic, concrete and immanent conception of the jurisprudential art of crafting the person. Rather than argue for the inclusion of excluded identities within law's categories (thus extending such categories but doing nothing to challenge the often heteronormative construction of the identities it encompasses), this chapter asks what would it mean to return to an ‘experimental’ law of persons (or a ‘profaned’ art of fashioning the person, in Giorgio Agamben's sense)? Might this eventually be a path by which to liberate juristic technique to new uses?

Identifiers

OPENALEX

W2549053771

DOI

10.1080/17521483.2017.1320041

HANDLE

10072/340659

Documentary context

Documentary family

Scholarship

Source-reported types

article

Natural entities mentioned

River

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2 · Record 3

• DOI · https://doi.org/10.1080/17521483.2017.1320041
• Handle · https://hdl.handle.net/10072/340659
• OpenAlex · https://openalex.org/W2549053771

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

14 incoming references within the detected corpus

Documentary status

Documentary validated

Library