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Book part
Publication date: 28 March 2022

Renisa Mawani

In the first decades of the nineteenth century to the first decade of the twentieth century, the US Federal and Supreme Courts heard several cases on the legal status of ships

Abstract

In the first decades of the nineteenth century to the first decade of the twentieth century, the US Federal and Supreme Courts heard several cases on the legal status of ships. During this period, Chief Justice John Marshall and Justice Joseph Story determined that a ship was a legal person that was capable to contract and could be punished for wrongdoing. Over the nineteenth century, Marshall and Story also heard appeals on the illegal slave trade and on the status of fugitive slaves crossing state lines, cases that raised questions as to whether enslaved peoples were persons or property. Although Marshall and Story did not discuss the ship and the slave together, in this chapter, the author asks what might be gained in doing so. Specifically, what might a reading of the ship and the slave as juridical figures reveal about the history of legal personhood? The genealogy of positive and negative legal personhood that the author begins to trace here draws inspiration and guidance from scholars writing critically of slavery. In different ways, this literature emphasises the significance of maritime worlds to conceptions of racial terror, freedom, and fugitivity. Building on these insights, the author reads the ship and the slave as central characters in the history of legal personhood, a reading that highlights the interconnections between maritime law and the laws of slavery and foregrounds the changing intensities of Anglo imperial power and racial and colonial violence in shaping the legal person.

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Interrupting the Legal Person
Type: Book
ISBN: 978-1-80262-867-8

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Book part
Publication date: 22 August 2017

Nirbhay Mishra

In this chapter, I analyze the notion of corporate responsibility from the person-centric perspective. I offer a four-dimensional exposition in terms of which I examine the…

Abstract

In this chapter, I analyze the notion of corporate responsibility from the person-centric perspective. I offer a four-dimensional exposition in terms of which I examine the corporate moral personhood view. These four dimensions are explained and critiqued to arrive at a definition of moral responsibility and status appropriate to corporations. I suggest that a corporation cannot be construed as a person in the sense in which individuals are persons. Since a corporation cannot be an independently existing entity, it cannot have an independent moral personality of its own as individual persons have. Therefore, I argue that a reasonable construal of corporate moral personhood has to exploit a different point of view altogether. With this difference of standpoint, I develop what is called the institutional personhood view. I argue that corporations do acquire a sort of collective institutional moral personality.

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Modern Organisational Governance
Type: Book
ISBN: 978-1-78714-695-2

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Book part
Publication date: 28 March 2022

James R. Martel

In In Re Widening of Beekman Street, a nineteenth century legal case in New York State which involved questions of who owned the bodies of the dead – whether it was the state, the

Abstract

In In Re Widening of Beekman Street, a nineteenth century legal case in New York State which involved questions of who owned the bodies of the dead – whether it was the state, the church who owned the land where they were buried or the relatives of the deceased – we see an interesting legal aporia. Claims of ownership were complicated by the idea that the dead perhaps owned themselves, having once been full legal subjects. In this and other legal cases in US law (with similar results in the UK as well) a kind of compromise is reached where, as the body decays, the question of its self-ownership becomes increasingly settled in favour of other parties. Yet, even in such cases, the body and its sense of personhood lingers to haunt, as it were, the certainties of law about who precisely owns whom The uncertainties that are made manifest among the dead have their equivalents among the living as well; the presence of slavery at the time meant that in some cases even living persons did not own themselves. In this mix of overlapping forms of self and other ownership then, we see an anxiety in the law, one that it must settle definitively even as the very terms of legal personhood resist the very closure that the law seeks.

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Interrupting the Legal Person
Type: Book
ISBN: 978-1-80262-863-0

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Open Access
Book part
Publication date: 30 April 2019

S. J. Oswald A. J. Mascarenhas

This first chapter explores the basic foundation of corporate ethics: the human person in all its dignity and mystery, its corporeality and emotionality, and its cognitive and…

Abstract

Executive Summary

This first chapter explores the basic foundation of corporate ethics: the human person in all its dignity and mystery, its corporeality and emotionality, and its cognitive and volitive capacities of moral development. Four fundamental characteristics of the human person, namely individuality, sociality, immanence, and transcendence, will be examined for their potential to understand, live, experience, and witness corporate ethics and morals. We explore the profound meaning and mystery of human personhood invoking several philosophies of the good and human dignity as exposed by Aristotle and Thomas Aquinas in the West, by the doctrine of Dharma in the East as expounded by Gautama Buddha, Mahabharata, and Bhagavad Gita, and by Prophets Confucius and Tao, in the East. Several contemporary cases of great human personhood are analyzed: for example, Peace Nobel Laureate Nelson Mandela from South Africa (1993) and Peace Nobel Laureate Liu Xiaobo from China (2017) – cases of human abuse that turned into triumphs of human dignity.

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Corporate Ethics for Turbulent Markets
Type: Book
ISBN: 978-1-78756-192-2

Book part
Publication date: 2 May 2013

Mark S. Mosko

Purpose – To provide an update on recent intensifications of commoditization among the North (Amoamo) Mekeo (Central Province, PNG) and to assess the extent to which in this…

Abstract

Purpose – To provide an update on recent intensifications of commoditization among the North (Amoamo) Mekeo (Central Province, PNG) and to assess the extent to which in this context contemporary villagers qualify as “dividuals,” “individuals,” or “possessive individuals.”Methodology/approach – The empirical data presented in this chapter were collected by means of participant observation techniques conducted over a 40-year period. Here those materials are analyzed through a juxtaposition of the “partible” or “dividual” type of personhood foregrounded in the “New Melanesian Ethnography” (Strathern, 1988; Wagner, 1991) and models of the “individual” and “possessive individual” in Macpherson’s (1962) formulation of “possessive market societies.”Findings – Contrary to the canonical assumptions of “individualism” and “possessive individualism” which underpin most social-scientific theories of modernization, globalization, development, etc. in the non-Western world, North Mekeo villagers’ most recent intensive post-contact engagements with capitalism have tended to reproduce indigenous “dividual” patterns of partible personhood and sociality which incorporate seemingly “individualist” practices as momentary parts of overall, total “dividual” persons and processes.Research implications – Explanations of the globalizing spread of capitalism among non-Western peoples must pay heed to indigenous notions of personhood agency if they are to avoid ethnocentric distortions arising from presuppositions of the ubiquity of Western notions of individualism.Originality/value of chapter – This chapter demonstrates the analytical benefits of the New Melanesian Ethnography – particularly its key notion of partible personhood – and the advantage of focused long-term ethnographic fieldwork in accounting for processes of social change.

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Engaging with Capitalism: Cases from Oceania
Type: Book
ISBN: 978-1-78190-542-5

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Book part
Publication date: 28 March 2022

Val Napoleon

In this chapter, the author explores the conditions of sexualised, gendered violence against Indigenous women and girls. The author asks how various responses to this violence

Abstract

In this chapter, the author explores the conditions of sexualised, gendered violence against Indigenous women and girls. The author asks how various responses to this violence have shaped the present-day legal personhood of Indigenous women and girls from two perspectives: an Indigenous legal perspective and a Canadian legal perspective. To avoid the troublesome pan-Indigenous generalisations of legal personhood, the author focusses on one Indigenous society, the Gitxsan people from northwest British Columbia and their legal order and laws.2 The author examines several specific questions about how the Gitxsan legal tradition historically defined the legal personhood of Gitxsan women and girls, and how this has changed with colonisation. The author takes up specific aspects of the operation and structure of Gitxsan law and legal institutions and analyse the ways that they are gendered.

Article
Publication date: 15 September 2010

Deborah O'Connor

Mental health practitioners dealing with older adults living in the community are commonly required to form judgements about the decision‐making capacity of someone with dementia…

Abstract

Mental health practitioners dealing with older adults living in the community are commonly required to form judgements about the decision‐making capacity of someone with dementia. Newer ways of understanding the dementia experience that recognise the importance of relationships and social connections on the functioning of the person with dementia, offer promise for helping to better conceptualise and carry out these assessments of capability. A relational lens recognises that performance and behaviour of persons with dementia are determined not only by neuropathology but also by their personal histories, their interactions with others, and by how they are perceived within their social contexts. This paper will examine how this more ‘relational’ model of understanding can impact the assessment of incapacity.

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The Journal of Mental Health Training, Education and Practice, vol. 5 no. 3
Type: Research Article
ISSN: 1755-6228

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Article
Publication date: 1 March 2006

Arlene Astell

Modern dementia care is increasingly turning to technology to address a wide range of issues. Such developments are argued to improve quality of life, as, for example…

Abstract

Modern dementia care is increasingly turning to technology to address a wide range of issues. Such developments are argued to improve quality of life, as, for example, technological interventions that reduce risks and increase safety can enable people with dementia to stay in their own homes for longer. However, all interventions in dementia care must strike a balance between doing what is perceived to be for the best and preserving the personhood of people with dementia. Technological interventions run a particularly high risk of crossing the line into doing things to people with dementia, rather than with them. Doing things for people with dementia is also problematic if it takes away their ability to do things for themselves. These issues are examined with reference to electronic tagging, assistive or ‘smart’ technology and interventions to address the psychosocial needs of people with dementia.

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Quality in Ageing and Older Adults, vol. 7 no. 1
Type: Research Article
ISSN: 1471-7794

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Book part
Publication date: 2 May 2013

Shu-Yuan Yang

Purpose – This chapter aims to understand how the Bugkalot, or the Ilongot, as they are known in the previous anthropological literature, engage with capitalism in ways that are…

Abstract

Purpose – This chapter aims to understand how the Bugkalot, or the Ilongot, as they are known in the previous anthropological literature, engage with capitalism in ways that are deeply shaped by their indigenous idioms of personhood and emotion.Methodology/approach – Long-term intensive fieldwork including five weeks of pilot visits to Bugkalot land in 2004 and 2005, and fifteen months of residence from 2006 to 2008.Findings – The development of capitalism in the Bugkalot area is closely linked with the arrival of extractive industry and the entry of Igorot, Ilocano, and Ifugao settlers. Settlers claim that they have played a centrally important role in developing and “uplifting” the Bugkalot, and that before their arrival the Bugkalot were uncivilized and didn’ t know how to plant (irrigated) rice and cash crops. However, the Bugkalot deny that they are at the receiving end of the settlers’ tutelage. Rather, they perceive the acquisition of new knowledge and technology as initiated by themselves. Envy and desire are identified by the Bugkalot as the driving force behind their pursuit of a capitalist economy. While the continuing significance of emotional idioms is conducive to the reproduction of a traditional concept of personhood, in the Bugkalot’s responses to capitalism a new notion of self also emerges.Originality/value of chapter – Different notions of personhood are intertwined with local ideas of kinship and economic rationality. The Bugkalot’ s attempt to counter the politics of development with their own interpretation of economic change highlights the importance of indigenous agency.

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Engaging with Capitalism: Cases from Oceania
Type: Book
ISBN: 978-1-78190-542-5

Keywords

Book part
Publication date: 15 April 2020

Lisa Shaw and Clarissa Giebel

This chapter will begin by exploring the importance for people living with dementia of maintaining a sense of self or ‘personhood’, and how this is linked directly to wellbeing…

Abstract

This chapter will begin by exploring the importance for people living with dementia of maintaining a sense of self or ‘personhood’, and how this is linked directly to wellbeing. It will chart how the initial pilot projects were developed to embrace older people living with a dementia diagnosis, and how we teamed up with different partners in Brazil and on Merseyside, showing how the methodology outlined in the toolkit can be used to foster this sense of self or ‘personhood’. In both geographical locations it proved vital to establish contacts with enthusiastic partners and to work closely with occupational therapists and/or nursing home staff. On Merseyside we also benefitted from the expertise of a local community cinema which had extensive experience of running dementia-friendly film screenings. Finally, drawing on concrete results from the use of the toolkit's methodology in a recent project that Lisa conducted in Brazil, this chapter will present some conclusions about how music and film can help carers connect with the person living with dementia, and be used as a powerful tool for restoring a sense of personhood, thus increasing a sense of wellbeing and improving the quality of care.

Details

Movies, Music and Memory
Type: Book
ISBN: 978-1-83909-199-5

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