Teoría heterogénea del concepto de persona en derecho
Person is a central concept of Law, as it is both its axis when turning it on the legal construct as a subject of rights. Person is an anthropocentric concept equivalent to human being, whether in his/her biological being or under the figure of legal persons, which are of their creation. However, gi...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7873043 |
| Source: | Estudios de derecho, ISSN 0120-1867, Vol. 78, Nº. 171, 2021 (Ejemplar dedicado a: Política criminal, reclusión y derechos humanos en la era del encarcelamiento masivo_enero-junio_En construcción) |
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| Summary: |
Person is a central concept of Law, as it is both its axis when turning it on the legal construct as a subject of rights. Person is an anthropocentric concept equivalent to human being, whether in his/her biological being or under the figure of legal persons, which are of their creation. However, given the ecological, social, and human crisis that we are going through, subjects of non-human rights such as ecosystems or some sentient beings have started to be part of the picture, de-anthropologizing Law: Non-human people? Given the transformation that the Law is going through with the irruption of non-human Law subjects, it is urgent to delineate an alternative theory for the concept of person, in a broader, inclusive and heterogeneous spectrum of rights. From a dogmatic methodology, the following text presents the starting point for the construction of a heterogeneous theory of the concept of person in Law. |
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