Product Code Database
Example Keywords: angry birds -mobile $80-160
   » » Wiki: Personhood
Tag Wiki 'Personhood'.
Tag

Personhood is the status of being a . Defining personhood is a controversial topic in and and is closely tied with legal and concepts of , equality, and . According to law, only a or legal personality has , protections, privileges, responsibilities, and ."Where it is more than simply a synonym for 'human being', 'person' figures primarily in moral and legal discourse. A person is a being with a certain moral status, or a bearer of rights. But underlying the moral status, as its condition, are certain capacities. A person is a being who has a sense of self, has a notion of the future and the past, can hold values, make choices; in short, can adopt life-plans. At least, a person must be the kind of being who is in principle capable of all this, however damaged these capacities may be in practice." Charles Taylor, "The Concept of a Person", Philosophical Papers. Volume 1. Cambridge: Cambridge University Press, 1985, 97.

Personhood continues to be a topic of international debate and has been questioned critically during the abolition of human and nonhuman , in theology, in debates about and in and/or reproductive rights, in activism, in and , in , and in debates about corporate personhood and the beginning of human personhood. "Justices, 5–4, Reject Corporate Spending Limit", The New York Times, January 21, 2010.

Processes through which personhood is recognized socially and legally vary cross-culturally, demonstrating that notions of personhood are not universal. Anthropologist Beth Conklin has shown how personhood is tied to social relations among the Wari' people of Rondônia, Brazil.Beth A. Conklin and Lynn M. Morgan, "Babies, Bodies, and the Production of Personhood in North America and a Native Amazonian Society," 'Ethos,' Vol. 24, No. 4 (Dec., 1996), pp. 657–694. Bruce Knauft's studies of the Gebusi people of Papua New Guinea depict a context in which individuals become persons incrementally, again through social relations.Bruce Knauft, 'The Gebusi: Lives Transformed in a Rainforest World, 3e" New York: McGraw-Hill, 2012. Likewise, Jane C. Goodale has also examined the construction of personhood in Papua New Guinea.Jane Goodale, 'To Sing With Pigs Is Human: The Concept of Person in Papua New Guinea,' Seattle: University of Washington Press, 1995.


Overview
Capacities or attributes common to definitions of personhood can include , agency, , a notion of the past and future, and the possession of and , among others.Charles Taylor, "The Concept of a Person", Philosophical Papers. Volume 1. Cambridge: Cambridge University Press, 1985, 97–114. However, the concept of a person is difficult to define in a way that is universally accepted, due to its historical and cultural variability and the controversies surrounding its use in some contexts.


Western philosophy
In philosophy, the word "person" may refer to various concepts. According to the "naturalist" tradition, from through and , the term may designate any human (or ) agent who: (1) possesses continuous over time; and (2) who is therefore capable of framing representations about the world, formulating plans and acting on them.Charles Taylor, "The Concept of a Person", Philosophical Papers. Volume 1. Cambridge: Cambridge University Press, 1985, 97–114

According to Charles Taylor, the problem with the naturalist view is that it depends solely on a "performance criterion" to determine what is an agent. Thus, other things (e.g. machines or animals) that exhibit "similarly complex adaptive behaviour" could not be distinguished from persons. Instead, Taylor proposes a significance-based view of personhood:

Others, such as American Philosopher Francis J. Beckwith, argue that personhood is not linked to function at all, but rather that it is the underlying personal unity of the individual.

Philosopher J. P. Moreland clarifies this point:

Harry G. Frankfurt writes that, "What philosophers have lately come to accept as analysis of the concept of a person is not actually analysis of that concept at all." He suggests that the concept of a person is intimately connected to , and describes the structure of human volition according to first- and second-order desires:

P.G Ossorio, The Behavior Of Persons, Ann Arbor: Descriptive Psychology Press, 2013

According to Nikolas Kompridis, there might also be an intersubjective, or interpersonal, basis to personhood:

Other philosophers have defined persons in different ways. gives the definition of "person" as "an individual substance of a rational nature" (" Naturæ rationalis individua substantia"). Mary Midgley defines a “person” as being a conscious, thinking being, which knows that it is a person (). "Persons and non-persons", in Peter Singer (ed), In Defense of Animals. Basil Blackwell, 1985, pp. 52–62.

Philosopher Thomas I. White argues that the criteria for a person are as follows: (1) is alive, (2) is aware, (3) feels positive and negative sensations, (4) has emotions, (5) has a sense of self, (6) controls its own behaviour, (7) recognises other persons and treats them appropriately, and (8) has a variety of sophisticated cognitive abilities. While many of White's criteria are somewhat , some animals such as would still be considered persons. Some animal rights groups have also championed recognition for animals as "persons". Fellow Champions Dolphins as “Non-Human Persons”, Oxford Centre for Animal Ethics, January 10, 2010; Midgley, Mary.

Another approach to personhood, Paradigm Case Formulation, used in Descriptive Psychology and developed by , involves the four interrelated concepts of 1) The Individual Person, 2) Deliberate Action, 3) Reality and the Real World, and 4) Language or Verbal Behavior. All four concepts require full articulation for any one of them to be fully intelligible. More specifically, a Person is an individual whose history is, paradigmatically, a history of Deliberate Action in a Dramaturgical pattern. Deliberate Action is a form of behavior in which a person (a) engages in an Intentional Action, (b) is cognizant of that, and (c) has chosen to do that. A person is not always engaged in a deliberate action but has the eligibility to do so. A human being is an individual who is both a person and a specimen of Homo sapiens. Since persons are deliberate actors, they also employ hedonic, prudent, aesthetic and ethical reasons when selecting, choosing or deciding on a course of action. As part of our "social contract" we expect that the typical person can make use of all four of these motivational perspectives. Individual persons will weigh these motives in a manner that reflects their personal characteristics. That life is lived in a “dramaturgical” pattern is to say that people make sense, that their lives have patterns of significance. The paradigm case allows for nonhuman persons, potential persons, nascent persons, manufactured persons, former persons, "deficit case" persons, and "primitive" persons. By using a paradigm case methodology, different observers can point to where they agree and where they disagree about whether an entity qualifies as a person.P. G. Ossorio, The Behavior of Persons, Ann Arbor: Descriptive Psychology Press, 2013Schwartz, Wynn. (1982) The Problem of Other Possible Persons: Dolphins, Primates, and Aliens. in, Advances in Descriptive Psychology, vol 2, (eds: Davis & Mitchel), Greenwich, CT: JAI Press


American law
A person is recognized by law as such, not because they are human, but because rights and duties are ascribed to them. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered to be having such attributes is what lawyers call a "natural person."Pollock, First Book of Jurispr. 110. Gray, Nature and Sources of Law, ch. II. Black's Law Dictionary, 4th Edition, p 1300 According to Black's Law Dictionary,Black's Law Dictionary, 5th edition, citing the National Labor Relations Act, section 2(1) a person is:

In Federal law, the concept of legal personhood is formalized by statute (1 USC §8) as a "member of the species homo sapiens who is born alive at any stage of development."

As an application of social psychology and other disciplines, phenomena such as the perception and attribution of personhood have been scientifically studied.

(1979). 9780201067682, Addison Wesley.
Typical questions addressed in social psychology are the accuracy of attribution, processes of perception and the formation of bias. Various other scientific/medical disciplines address the myriad of issues in the development of personality.


Debates
Various specific debates focus on questions about the personhood of different classes of entities.


Humans

Beginning of personhood
The beginning of human personhood is a concept long debated by religion and philosophy. With respect to , 'personhood' is the status of a human being having individual human rights. The term was used by Justice Blackmun in Roe v. Wade.

A political movement in the United States seeks to define the beginning of human personhood as starting from the moment of with the result being that abortion, as well as forms of birth control that act to deprive the human embryo of necessary sustenance in implantation, could become illegal. Supporters of the movement also state that it would have some effect on the practice of in-vitro fertilization (IVF), but would not lead to the practice being outlawed. Jonathan F. Will says that the personhood framework could produce significant restrictions on IVF to the extent that reproductive clinics find it impossible to provide the services.Will, Jonathan F. (2013) "Beyond Abortion: Why the personhood movement implicates reproductive choice". American Journal of Law and Medicine. (Boston: American Society of Law and Medicine) 39 (4): 601–602.

A representative organization within this movement is Personhood USA, a -based with a number of state-level affiliates, which describes itself as a nonprofit Christian ministry. and seeks to ban abortion. Personhood USA was co-founded by Cal Zastrow and Keith MasonPro-Life Profiles, [4] Retrieved 2014-11-02. in 2008 following the Colorado for Equal Rights campaign to enact a state constitutional personhood amendment.

Proponents of the movement regard personhood as an attempt to directly challenge the Roe v. Wade U.S. Supreme Court decision, thus filling a legal void left by in the majority opinion when he wrote: “If this suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.”

Some medical organizations have described the potential effects of personhood legislation as potentially harmful to patients and the practice of medicine, particularly in the cases of ectopic and .

Legal analysis from the Mississippi Center for Public Policy and other medical organizations hold that personhood measures will have no effect on medical intervention intended to save human life.

has suggested that the focus on the issue of personhood in abortion debates has often been a means for depriving women of their rights. She writes that "the legal double standard concerning the bodily integrity of pregnant and nonpregnant bodies, the construction of women as fetal incubators, the bestowal of 'super-subject' status to the fetus, and the emergence of a father's-rights ideology" demonstrate "that the current terms of the abortion debate – as a contest between fetal claims to personhood and women's right to choose – are limited and misleading."Susan Bordo, "Are Mothers Persons?", Unbearable Weight: Feminism, Western Culture, and the Body, Berkeley and Los Angeles, CA: University of California Press, 2003, 71–97.

Others, such as Colleen Carroll Campbell, say that the personhood movement is a natural progression of society in protecting the equal rights of all members of the human species. She writes, “The basic philosophical premise behind these personhood amendments is eminently reasonable. And the alternative on offer – which severs humanity from personhood – is fraught with peril. If being human is not enough to entitle one to , then the very concept of human rights loses meaning. And all of us — born and unborn, strong and weak, young and old — someday will find ourselves on the wrong end of that cruel measuring stick."

agrees, adding, “Nor is this a dispute about the state imposing a religious or philosophical view. After all, your life and mine are not protected because of some religious or philosophical belief that others are required to have about us. More accurately, the law protects us precisely in spite of the beliefs of others who, in their own , may not value our lives. …To support Roe vs. Wade is not merely to allow a medical procedure. It is to acknowledge that the government has the power to say who is a person and who is not. Who, then, is to limit the groups to whom it is applied? This is what makes “personhood” such an important public policy issue.

The Vatican has recently been advancing a human exceptionalist understanding of personhood theory. Catechism 2270 reads: “Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person—among which is the inviolable right of every innocent being to life.”


United States
In March 2007 Georgia became the first state in the nation to introduce a legislative resolution to amend the state constitution to define and recognize the personhood of the pre-born.http://www.legis.ga.gov/legislation/en-US/display/20072008/HR/536 The Georgia Catholic Conference and National Right to Life supported the effort and it failed to attract a in both chambers in order to be placed on the ballot.http://www.lifeissues.net/writers/bru/bru_48mississippi.html Georgia legislators have filed a personhood resolution every session since 2007.http://www.legis.ga.gov/Legislation/en-US/display/20092010/SR/328http://www.legis.ga.gov/Legislation/en-US/display/20112012/SR/153http://www.legis.ga.gov/Legislation/en-US/display/20132014/SR/420 In May 2008 Georgia Right to Life hosted the first nationwide Personhood Symposium targeting pro-life activists.http://www.joniandfriends.org/help-and-resources/other-resources/personhood/ This symposium was instrumental in spawning the group Personhood USA and the various state personhood efforts that followed. Voters in 46 Georgia counties approved personhood during the 2010 primary election with 75% in favor of a non-binding resolution declaring the equal rights of all human beings from conception. During the 2012 Republican primary a similar question was placed on the ballot statewide and passed with a super-majority (66%) of the vote in 158 of 159 counties.http://results.enr.clarityelections.com/GA/40378/95366/en/vts.html?cid=93510

The summer of 2008 a citizen initiated amendment was proposed for the Colorado constitution.http://ballotpedia.org/Colorado_Definition_of_Person_Initiative,_Amendment_48_%282008%29 Three attempts to enact the from-fertilization definition of personhood into U.S. state constitutions via have failed. Following two attempts to enact similar changes in in 2008 and 2010, a 2011 initiative to amend the state constitution by referendum in the state of also failed to gain approval with around 58% of voters disapproving. In an interview after the referendum, Mason ascribed the failure of the initiative to a political campaign run by Planned Parenthood.

Several state Supreme Courts have rejected challenges to personhood measures brought by opponents in states including Colorado, Ohio, Nevada, and Mississippi. In the Mississippi majority opinion, Justice Randy G. Pierce wrote:

Personhood proponents in Oklahoma sought to amend the state constitution to define personhood as beginning at conception. The state Supreme Court, citing the U.S. Supreme Court's 1992 decision in Planned Parenthood v. Casey, ruled in April 2012 that the proposed amendment was unconstitutional under the federal Constitution and blocked inclusion of the referendum question on the ballot. In October 2012, the U.S. Supreme Court declined to hear an appeal of the state Supreme Court's ruling.

In 2006, a 16-year-old girl was charged in Mississippi with murder for the still-birth of her daughter on the basis that the girl had smoked cocaine while pregnant.ProPublica, 18 March 2014: A Stillborn Child, A Charge of Murder and the Disputed Case Law on ‘Fetal Harm’ These charges were later dismissed.The Dispatch, 3 April 2014: Judge dismisses Rennie Gibbs' depraved heart murder case

In 2014 a new national group formed, National Personhood Alliance. Founded by Daniel Becker, then President of Georgia Right to Life, the new group formed to house the growing state personhood movement and to provide educational resources and training to the burgeoning state personhood affiliates.http://www.personhood.net/index.php/press/georgia-right-to-life-responds-to-call-for-new-national-pro-life-group


International
In 1983, the people of Ireland added the Eighth Amendment to their constitution that “acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”


Women
In 1920, with the Nineteenth Amendment to the United States Constitution, women became protected against discrimination in their right to vote in the United States. In 1971, the US Supreme Court ruled in Reed v. Reed Equal Protection for Women that the 14th amendment applies to , Reed v. Reed as they are "persons" according to the US Constitution. Timeline of Personhood In 2011, Supreme Court Justice argued that women do not have equal protection under the 14th amendment as "persons" Scalia: Women Don't Have Constitutional Protection Against Discrimination Time saying that the Constitution's use of the gender-neutral term "Person" means that the Constitution does not require discrimination on the basis of sex, but also does not prohibit such discrimination; he said "Nobody ever thought that that's what it meant. Nobody ever voted for that. Let's Put It in Writing: Women Are Equal Many others, including law professor disagree with this assertion. Balkin states that, at a minimum "the fourteenth amendment was intended to prohibit some forms of sex discrimination-- discrimination in basic civil rights against single women." Many local marriage laws at the time the Fourteenth Amendment was ratified (as well as when the original Constitution was ratified) had concepts of coverture and "head-and-master", which meant that women legally lost rights, including rights to ownership of property and other rights of adult participation in the political economy upon marriage; single women retained these rights, however, and voted in some jurisdictions. Also, other commentators have noted that some people who ratified the Constitution in 1787 in other contemporaneous contexts ratified state level Constitutions that saw women as Persons, required to be treated as such, including in rights such as voting. The 17th and 18th Century Quaker concept of Personhood most certainly applied to women and the prevalence of Quakers in the population of several colonies, such as New Jersey and Pennsylvania at the time the original Constitution was drafted and ratified likely influenced the use of the term "Person" in the Constitution rather than the term "Man" used in the Declaration of Independence and in the contemporaneously drafted French Constitution of 1791.
(2018). 9780521884365, Cambridge University Press.
The concept of personhood beginning at conception gives issues to women. Daniel Fincke states "Applying the logic to abortion she argues that an involuntarily pregnant woman has the right to refuse to let her body be used by the fetus even were we to reason that the fetus has a right to life."http://www.patheos.com/blogs/camelswithhammers/2014/06/moral-and-philosophical-arguments-against-fetal-personhood/ The personhood movement may cause many more issues that just a women' Https://newrepublic.com/article/politics/94470/personhood-abortion-mississippi-roe-wade< /ref>


Slaves
In 1772, Somersett's Case determined that was unsupported by law in England and Wales, but not elsewhere in the . In 1868, under the 14th Amendment, in the United States became citizens. In 1870, under the 15th Amendment, black men got the right to vote.

In 1853, became famous for asking Ain't I a Woman? and after slavery was abolished, black men continued to fight for personhood by claiming, I Am A Man!


Children
The legal definition of persons may include or exclude children depending on the context. In the US, regarding liability, children or minors are not legally persons because they do not satisfy the requirements for personhood under the law. However, regarding protection under the law, the US Born-Alive Infants Protection Act of 2002 provides a legal structure that those born at any gestational stage that are either breathing, have heartbeat, umbilical cord pulsation, or any voluntary muscle movement are living, individual human persons.http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_reports&docid=f:hr186.107


Non-human animals
Some philosophers and those involved in animal welfare, , , and related subjects, consider that certain animals should also be considered to be persons and thus granted legal personhood. Commonly named species in this context include the , , and , because of their apparent intelligence and intricate social rules. The idea of extending personhood to all animals has the support of legal scholars such as and and of Harvard Law School, and courses are now taught in 92 out of 180 law schools in the United States. On May 9, 2008, Columbia University Press published Animals as Persons: Essays on the Abolition of Animal Exploitation by Professor Gary L. Francione of Rutgers University School of Law, a collection of writings that summarizes his work to date and makes the case for non-human animals as persons.

Some proponents of human exceptionalism (also referred to by its critics as or human supremacismEnvironmental Culture: The Ecological Crisis of Reason By Val Plumwood) have countered that we must institute a strict demarcation of personhood based on species membership in order to avoid the horrors of (based on propaganda dehumanizing one or more ethnicities) or the injustices of forced sterilization (as occurred in many countries to people with low I.Q. scores and prisoners).

Other theorists attempt to demarcate between degrees of personhood. For example, 's two-tiered account distinguishes between basic sentience and the higher standard of self-consciousness which constitutes personhood. has offered a Paradigm Case Formulation of Persons as a format allowing judges to identify qualities of personhood in different entities.Schwartz, W, 2013 "The Problem of other possible persons" http://freedomliberationreaction.blogspot.com/2013/06/the-problem-of-other-possible-persons.html Julian Friedland has advanced a seven-tiered account based on cognitive capacity and linguistic mastery. Amanda Stoel suggested that rights should be granted based on a scale of degrees of personhood, allowing entities currently denied any right to be recognized some rights, but not as many.

In 1992, Switzerland amended its constitution to recognize animals as beings and not things. A decade later, Germany guaranteed rights to animals in a 2002 amendment to its constitution, becoming the first member to do so. New Zealand granted basic rights to five great ape species in 1999. Their use is now forbidden in research, testing or teaching. "A STEP AT A TIME: NEW ZEALAND’S PROGRESS TOWARD HOMINID RIGHTS" BY ROWAN TAYLOR In 2007, the parliament of the , an autonomous province of Spain, passed the world's first legislation granting legal rights to all .

In 2013, India's Ministry of Forests and Environment banned the importation or capture of cetaceans (whales and dolphins) for entertainment, exhibition, or interaction purposes, on the basis that "cetaceans in general are highly intelligent and sensitive" and that it "is morally unacceptable to keep them captive for entertainment." It noted that "various scientists" have argued they should be seen as "non-human persons" with commensurate rights, but did not take an official position on this, and indeed did not have the legal authority to do so.Indian Ministry of Forests and Environment, Circular F. No. 20-1/2010-CZA(M), “Policy on establishment of dolphinarium,” May 17, 2013, from Laura Bridgeman, “India takes another anti-captivity stance,” Ric O’Barry’s Dolphin Project, May 18, 2013, http://dolphinproject.org/blog/post/india-bans-captive-dolphin-entertainment http://www.dw.de/dolphins-gain-unprecedented-protection-in-india/a-16834519

In 2014, a hybrid, zoo-born orangutan named Sandra was termed by the court in Argentina as a "non-human subject" in an unsuccessful habeas corpus case regarding the release of the orangutan from captivity at the Buenos Aires zoo. The status of the orangutan as a "non-human subject" needs to be clarified by the court. Court cases relevant to this orangutan are continuing in 2015.For corporations, see "Justices, 5–4, Reject Corporate Spending Limit", Reuters, December 21, 2014.

In 2015, for the first time, two chimpanzees, Hercules and Leo, were thought to be "legal persons," having been granted a writ of . This meant their detainer, Stony Brook University, had to provide a legally sufficient reason for their imprisonment. This view was rejected and the writ was reversed by the officiating judge shortly thereafter.


Hypothetical beings
Speculatively, there are several other likely categories of beings where personhood is at issue.


Aliens
If were found to exist, under what circumstances would they be counted as "persons"? Do we have to consider any "willing and communicative (capable to register its own will) autonomous body" in the universe, no matter the species, an individual (a person)? Do they deserve equal rights with the human race?


Artificial intelligence or life
If artificial intelligences, intelligent and self-aware system of hardware and software, are eventually created, what criteria would determine their personhood? Likewise, at what point would human-created biological life achieve personhood?


Modified humans
The theoretical landscape of personhood theory has been altered recently by controversy in the bioethics community concerning an emerging community of scholars, researchers, and activists identifying with an explicitly position, which supports morphological freedom, even if a person changed so much as to no longer be considered a member of the human . For example, how much of a human can be replaced before one loses their personhood? If people are considered persons because of their , then what if the brain's thought patterns, memories and other attributes could be transposed into a device? Would the patient still be considered a person after the operation?


Corporations
Today, in statutory and corporate , certain are legally considered persons. In many jurisdictions, some and other are considered with standing to sue or be sued in court. This is known as legal or corporate personhood.

In 1819, the US Supreme Court ruled in Dartmouth College v. Woodward, that corporations have the same rights as natural persons to enforce contracts.


Environmental entities

Bolivia
In 2006, Bolivia passed a law recognizing the rights of nature "to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities".

Ecuador
In 2008, Ecuador approved a constitution to recognize that nature "...has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution."

New Zealand
The of New Zealand is revered by the local Māori people as Te Awa Tupua, sometimes translated as "an integrated, living whole". Efforts to grant it special legal protection have been pursued by the Whanganui since the 1870s. In 2012, an agreement to grant legal personhood to the river was signed between the New Zealand government and the Whanganui River Māori Trust. One guardian from the Crown and one from the Whanganui are responsible for protecting the river.

India
In 2017, court in the northern Indian state of recognized the and as legal persons. The judges cited Whanganui river in New Zealand as precedent for the action.


Religion
In religion, animals, plants, and other entities may be persons or .


Christianity
Christianity is the first philosophical system to use the word "person" in its modern sense.Met. John Zizioulas, Being As Communion: Studies in Personhood and the Church. Crestwood: St. Vladimir's Seminary Press, 1997, pp. 27–49 The word " persona" was transformed from its theater use into a term with strict technical theological meaning by in his work, Adversus Praxean ("Against Praxeas"), in order to distinguish the three "persons" of the . Subsequently, refined the word to mean "an individual substance of a rational nature." This can be re-stated as "that which possesses an intellect and a will." Thus, the word "person" was originally a theological term created and defined by Christians to explain Christian theological concepts.


See also

Page 1 of 1
1

Account

Social:
Pages:  ..   .. 
Items:  .. 

Navigation

General: Atom Feed Atom Feed  .. 
Help:  ..   .. 
Category:  ..   .. 
Media:  ..   .. 
Posts:  ..   ..   .. 

Statistics

Page:  .. 
Summary:  .. 
1 Tags
10/10 Page Rank
5 Page Refs
2s Time