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Personhood is the status of being a
person A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
. Defining personhood is a controversial topic in
philosophy Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...
and law and is closely tied with legal and
political Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
concepts of
citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
, equality, and
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
. According to law, only a
legal person In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...
(either a natural or a
juridical person A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...
) has
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
, protections, privileges, responsibilities, and
legal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both Civil law (common law), civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines give ...
. Personhood continues to be a topic of international debate and has been questioned critically during the abolition of human and nonhuman
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, in debates about
abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
and in
fetal rights Fetal rights or foetal rights (alternatively prenatal rights) are the moral rights or legal rights of the human fetus under Natural law, natural and Civil law (common law), civil law. The term ''fetal rights'' came into wide usage after ''Roe v. ...
and/or
reproductive rights Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights: Reproductive rights ...
, in
animal rights Animal rights is the philosophy according to which many or all Animal consciousness, sentient animals have Moral patienthood, moral worth independent of their Utilitarianism, utility to humans, and that their most basic interests—such as ...
activism, in
theology Theology is the study of religious belief from a Religion, religious perspective, with a focus on the nature of divinity. It is taught as an Discipline (academia), academic discipline, typically in universities and seminaries. It occupies itse ...
and
ontology Ontology is the philosophical study of existence, being. It is traditionally understood as the subdiscipline of metaphysics focused on the most general features of reality. As one of the most fundamental concepts, being encompasses all of realit ...
, in ethical theory, and in debates about corporate personhood, and the beginning of human personhood. In the 21st century, corporate personhood is an existing Western concept; granting non-human entities personhood, which has also been referred to a "personhood movement", can bridge Western and Indigenous legal systems. 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. 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. Likewise, Jane C. Goodale has also examined the construction of personhood in Papua New Guinea.


Philosophical definitions

In philosophy, the word "person" may refer to various concepts. The concept of personhood 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. Capacities or attributes common to definitions of personhood can include
human nature Human nature comprises the fundamental dispositions and characteristics—including ways of Thought, thinking, feeling, and agency (philosophy), acting—that humans are said to have nature (philosophy), naturally. The term is often used to denote ...
, agency, self-awareness, a notion of the past and future, and the possession of
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
and duties, among others.
Boethius Anicius Manlius Severinus Boethius, commonly known simply as Boethius (; Latin: ''Boetius''; 480–524 AD), was a Roman Roman Senate, senator, Roman consul, consul, ''magister officiorum'', polymath, historian, and philosopher of the Early Middl ...
, a philosopher of the early 6th century CE, gives the definition of "person" as "an individual substance of a rational nature" ("''Naturæ rationalis individua substantia''"). According to the
naturalist Natural history is a domain of inquiry involving organisms, including animals, fungi, and plants, in their natural environment, leaning more towards observational than experimental methods of study. A person who studies natural history is cal ...
epistemological Epistemology is the branch of philosophy that examines the nature, origin, and limits of knowledge. Also called "the theory of knowledge", it explores different types of knowledge, such as propositional knowledge about facts, practical knowled ...
tradition, from Descartes through Locke and Hume, the term may designate any human or non-human agent who possesses continuous
consciousness Consciousness, at its simplest, is awareness of a state or object, either internal to oneself or in one's external environment. However, its nature has led to millennia of analyses, explanations, and debate among philosophers, scientists, an ...
over time; and is therefore capable of framing representations about the world, formulating plans and acting on them. 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: Relatedly,
Martin Heidegger Martin Heidegger (; 26 September 1889 – 26 May 1976) was a German philosopher known for contributions to Phenomenology (philosophy), phenomenology, hermeneutics, and existentialism. His work covers a range of topics including metaphysics, art ...
developed his understanding of the distinctive kind of being which a person is as Dasein. The term's literal means an existence as a "being-there" or "there-being." Heidegger writes that, "Dasein itself has a special distinctiveness as compared with other entities; ..it is ontically distinguished by the fact that, in its very Being, that Being is an issue for it." For Heidegger, the way in which Being is an issue for a person as Dasein is their future oriented caring. This distinguishes Dasein from function or performance criteria of personhood. Others also dispute functional criteria of personhood, such as philosopher Francis J. Beckwith, who argues that it is rather the underlying personal unity of the individual: This belief in the underlying unity of an individual is a
metaphysical Metaphysics is the branch of philosophy that examines the basic structure of reality. It is traditionally seen as the study of mind-independent features of the world, but some theorists view it as an inquiry into the conceptual framework of h ...
and moral belief referred to as the substance view of personhood. Philosopher J. P. Moreland clarifies this point:
Harry Frankfurt Harry Gordon Frankfurt (May 29, 1929 – July 16, 2023) was an American philosopher. He was a professor emeritus of philosophy at Princeton University, where he taught from 1990 until 2002. Frankfurt also taught at Yale University, Rockefeller U ...
writes that, in reference to a definition by P. F. Strawson, "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
free will Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral respon ...
, and describes the structure of human volition according to first- and second-order desires: According to Nikolas Kompridis, there might also be an intersubjective, or interpersonal, basis to personhood: Mary Midgley defines a "person" as being a conscious, thinking being, which knows that it is a person ( self-awareness). She also wrote that the law can create
persons A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such ...
. Philosopher Thomas I. White argues that the criteria for a person are: is alive, is aware, feels positive and negative sensations, has emotions, has a sense of self, (controls its own behaviour, recognises other persons and treats them appropriately, and has a variety of sophisticated cognitive abilities. While many of White's criteria are somewhat anthropocentric, some animals such as
dolphin A dolphin is an aquatic mammal in the cetacean clade Odontoceti (toothed whale). Dolphins belong to the families Delphinidae (the oceanic dolphins), Platanistidae (the Indian river dolphins), Iniidae (the New World river dolphins), Pontopori ...
s would still be considered persons. Some animal rights groups have also championed recognition for animals as "persons". Another approach to personhood, Paradigm Case Formulation, used in descriptive psychology and developed by Peter Ossorio, 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.Schwartz, 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


Research

As an application of
social psychology Social psychology is the methodical study of how thoughts, feelings, and behaviors are influenced by the actual, imagined, or implied presence of others. Although studying many of the same substantive topics as its counterpart in the field ...
and other disciplines, phenomena such as the ''perception'' and ''attribution'' of personhood have been scientifically studied. Typical questions addressed in social psychology are the accuracy of attribution, processes of perception and the formation of bias. Various other scientific and medical disciplines address the myriad of issues in the development of
personality Personality is any person's collection of interrelated behavioral, cognitive, and emotional patterns that comprise a person’s unique adjustment to life. These interrelated patterns are relatively stable, but can change over long time per ...
.


Unborn


Ireland

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." This was repealed in 2018 by the Thirty-sixth Amendment of the Constitution of Ireland.


United States

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 In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the br ...
". According to Black's Law Dictionary, a person is: In Federal law, the concept of legal personhood is formalized by statute (1
USC USC may refer to: Education United States * Universidad del Sagrado Corazón, Santurce, Puerto Rico * University of South Carolina, Columbia, South Carolina ** University of South Carolina System, a state university system of South Carolina * ...
§ 8) to include "every infant member of the species homo sapiens who is born alive at any stage of development." That statute also states that "Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being 'born alive' as defined in this section." According to the National Conference of State Legislatures, many US States have their own definition of personhood which expands upon the federal definition of personhood, and '' Webster v. Reproductive Health Services'' declined to overturn the state of Missouri's law stating that The beginning of human personhood is a concept long debated by religion and philosophy. With respect to the abortion debate, 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
fertilization Fertilisation or fertilization (see American and British English spelling differences#-ise, -ize (-isation, -ization), spelling differences), also known as generative fertilisation, syngamy and impregnation, is the fusion of gametes to give ...
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. Currently, the personhood movement is led by the Personhood Alliance, a coalition of state and national personhood organizations headquartered in Washington DC. The Personhood Alliance was founded in 2014 and currently has 22 affiliated organizations. A significant number of the state affiliates of the Personhood Alliance were once affiliates of National Right to Life. Organizations like Georgia Right to Life, Cleveland Right to Life, and Alaska Right to Life left National Right to Life and joined the Personhood Alliance after refusing to support National Right to Life's proposed legislation that included exceptions like the rape and incest exceptions. The Personhood Alliance describes itself as "a Christ-centered, biblically informed organization dedicated to the non-violent advancement of the recognition and protection of the God-given, inalienable right to life of all human beings as legal persons, at every stage of their biological development and in every circumstance." A precursor to the Personhood Alliance was Personhood USA, a
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
-based umbrella group 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 Mason 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 Justice Harry Blackmun 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 molar pregnancy. Susan Bordo 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." 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 ersonhoodamendments 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
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, 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." Father Frank Pavone 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
worldview A worldview (also world-view) or is said to be the fundamental cognitive orientation of an individual or society encompassing the whole of the individual's or society's knowledge, culture, and Perspective (cognitive), point of view. However, whe ...
, 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. 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 fetuses. The Georgia Catholic Conference and National Right to Life supported the effort. The resolution failed to attract the super majority in both chambers required for it to be placed on the ballot. Georgia legislators have filed a personhood resolution every session since 2007. In May 2008 Georgia Right to Life hosted the first nationwide Personhood Symposium targeting
anti-abortion Anti-abortion movements, also self-styled as pro-life movements, are involved in the abortion debate advocating against the practice of abortion and its Abortion by country, legality. Many anti-abortion movements began as countermovements in r ...
activists. This symposium was instrumental in spawning the group Personhood USA and the various state personhood efforts that followed. Voters in 46
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
counties approved personhood during the 2010 primary election with 75% in favor of a non-binding resolution declaring that the "right to life is vested in each human being from their earliest biological beginning until natural death". 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. In the summer of 2008 a citizen initiated amendment was proposed for the Colorado constitution. Three attempts to enact the from-fertilization definition of personhood into U.S. state constitutions via
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
s have failed. Following two attempts to enact similar changes in
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
in 2008 and
2010 The year saw a multitude of natural and environmental disasters such as the 2010 Haiti earthquake, the Deepwater Horizon oil spill, and the 2010 Chile earthquake. The 2009 swine flu pandemic, swine flu pandemic which began the previous year ...
, a 2011 initiative to amend the state constitution by referendum in the state of
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
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. 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. These charges were later dismissed. In February 2024, the Supreme Court of Alabama ruled that frozen embryos were "extrauterine children" subject to the Wrongful Death of a Minor Act, based on protections for unborn children in the state constitution These protections were added in 2018 by ballot referendum, as Amendment 930 to the Alabama Constitution of 1901, and gained relevance when the 2022 U.S. Supreme Court decision in '' Dobbs v. Jackson Women's Health Organization'' returned full control over regulation of abortion to the states. The concurring decision of Justice Tom Parker cited Christian theology to support the decision, raising complaints about
separation of church and state The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to ...


Vatican

The
Vatican Vatican may refer to: Geography * Vatican City, an independent city-state surrounded by Rome, Italy * Vatican Hill, in Rome, namesake of Vatican City * Ager Vaticanus, an alluvial plain in Rome * Vatican, an unincorporated community in the ...
has advanced a human exceptionalist understanding of personhood. 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."


Women

In the United States, the personhood of
women A woman is an adult female human. Before adulthood, a female child or adolescent is referred to as a girl. Typically, women are of the female sex and inherit a pair of X chromosomes, one from each parent, and women with functional u ...
has important legal consequences. Although in 1920 the 19th Amendment guaranteed women in the right to vote, it was not until 1971 that the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
ruled in '' Reed v. Reed'' that the law cannot discriminate between the sexes because the 14th amendment grants equal protection to all "persons". In 2011, Supreme Court Justice Antonin Scalia disputed the conclusion of Reed v. Reed, arguing that women do not have equal protection under the 14th amendment as "persons" because 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, adding "Nobody ever thought that that's what it meant. Nobody ever voted for that." Many others, including law professor Jack Balkin 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 14th 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 upon marriage, including rights to ownership of property and other rights of adult participation in the political economy; single women retained these rights, however, and voted in some jurisdictions. Other commentators have noted that some of the ratifiers of the US Constitution (in 1787) also, in contemporaneous contexts, ratified state level Constitutions that saw women as Persons and required them to be treated as such, including granting women rights such as the right to vote. Professor Jane Calvert argues that the 17th and 18th Century Quaker concept of Personhood applied to women, and the prevalence of Quakers in the population of several colonies, such as New Jersey and Pennsylvania, at the time that the original Constitution was drafted and ratified likely influenced the choice of the term "Person" for the Constitution instead of the term "Man", which was used in the
Declaration of Independence A declaration of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breaka ...
and in the contemporaneously drafted French Constitution of 1791. The personhood of women also has consequences for the ethics of abortion. For example, in " A Defense of Abortion", Judith Jarvis Thomson argues that one person's right to bodily autonomy trumps another's right to life, and therefore abortion does not violate a fetus's right to life: Instead abortion should be understood as the pregnant women withdrawing her own body from use, which causes the fetus to die. Questions pertaining to the personhood of women and the personhood of fetuses have legal and ethical consequences for reproductive rights beyond abortion as well. For example, some fetal homicide laws have resulted in jail time for women suspected of drug use during a pregnancy that ended in a miscarriage, like one Alabama woman who was sentenced to ten years.


Slavery

In 1772,
Somersett's Case ''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soi ...
determined that
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
was unsupported by law in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, but not elsewhere in the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
. In 1868, under the 14th Amendment, black men in the United States became citizens. In 1870, under the 15th Amendment, black men got the right to vote. In 1853, Sojourner Truth 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!.''


Original peoples

The legal definition of "person" has excluded
indigenous peoples There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
in some countries.


Children

The legal definition of persons may include or exclude children depending on the context. 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.


Disabled

Adults with cognitive disabilities are regularly denied rights generally granted to all adult persons such as the right to marry and consent to sex, and the right to vote. They may also lack legal
competence Broad concept article: *Competence (polyseme), capacity or ability to perform effectively Competence or competency may also refer to: *Competence (human resources), ability of a person to do a job properly **Competence-based management, performa ...
. Philosophical arguments have been made against the cognitively disabled being able to have
moral agency Moral agency is an individual's ability to make morality, moral choices based on some notion of ethics, right and wrong and to be held accountable for these actions. A moral agent is "a being who is capable of acting with reference to right and wro ...
. In many countries, including the US, psychiatric illness can be cited to imprison an adult without due process. Those who become disabled later in life often experience a change in how they are perceived, including others infantilizing them or assuming cognitive disability due to the existence of physical disability. The concept of disability as being worse than death can be seen as a denial of disabled people's personhood, such as when medical professionals suggest
euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...
to non-suicidal disabled patients.


Non-human animals

Some philosophers and those involved in animal welfare,
ethology Ethology is a branch of zoology that studies the behavior, behaviour of non-human animals. It has its scientific roots in the work of Charles Darwin and of American and German ornithology, ornithologists of the late 19th and early 20th cen ...
, the rights of animals, and related subjects, consider that certain or even all animals should also be considered to be persons and thus granted legal personhood. Commonly named species in this context include the apes,
cetacean Cetacea (; , ) is an infraorder of aquatic mammals belonging to the order Artiodactyla that includes whales, dolphins and porpoises. Key characteristics are their fully aquatic lifestyle, streamlined body shape, often large size and exclusively c ...
s, parrots,
cephalopod A cephalopod is any member of the molluscan Taxonomic rank, class Cephalopoda (Greek language, Greek plural , ; "head-feet") such as a squid, octopus, cuttlefish, or nautilus. These exclusively marine animals are characterized by bilateral symm ...
s, corvids,
elephant Elephants are the largest living land animals. Three living species are currently recognised: the African bush elephant ('' Loxodonta africana''), the African forest elephant (''L. cyclotis''), and the Asian elephant ('' Elephas maximus ...
s,
bear Bears are carnivoran mammals of the family (biology), family Ursidae (). They are classified as caniforms, or doglike carnivorans. Although only eight species of bears are extant, they are widespread, appearing in a wide variety of habitats ...
s, pigs, leporids and
rodent Rodents (from Latin , 'to gnaw') are mammals of the Order (biology), order Rodentia ( ), which are characterized by a single pair of continuously growing incisors in each of the upper and Mandible, lower jaws. About 40% of all mammal specie ...
s, because of their apparent intelligence, sentience, and intricate social rules. The idea of extending personhood to all animals has the support of legal scholars such as
Alan Dershowitz Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and law professor known for his work in U.S. constitutional law, U.S. constitutional and American criminal law, criminal law. From 1964 to 2013, he taught at Harvard Law Sc ...
and and Laurence Tribe of
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, and animal law courses are (as of 2008) taught in 92 out of 180 law schools in the United States. On May 9, 2008,
Columbia University Press Columbia University Press is a university press based in New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's la ...
published ''Animals as Persons: Essays on the Abolition of Animal Exploitation'' by Professor Gary L. Francione of
Rutgers University Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's C ...
School of Law, a collection of writings that summarizes his work to date and makes the case for non-human animals as persons. Those who oppose personhood for non-human animals are known as human exceptionalists or human supremacists, and more pejoratively speciesists. Other theorists attempt to demarcate between degrees of personhood. For example, Peter Singer's two-tiered account distinguishes between basic sentience and the higher standard of self-consciousness which constitutes personhood. His approach has been criticized for accepting the personhood of some animals, but rejecting the personhood of people with disabilities such as dementia. It has also been given as an example of the limits of a capacities-based definition of personhood, in that they tend to be defined in ways that reinforce existing systems of power and privilege by preferring the capacities that are valued by those who write the definitions. A squirrel would value agility and balance in defining personhood; a tree might grant personhood on the basis of height and longevity, and a long-time academic, "a human being with a fully functioning cerebral cortex who resides in a social context where the workings of this part of the brain are particularly prized", would just as predictably value the qualities that benefited his own life and overlook the ones that had little relationship to his own life. Wynn Schwartz has offered a Paradigm Case Formulation of Persons as a format allowing judges to identify qualities of personhood in different entities.P.G Ossorio, The Behavior Of Persons, Ann Arbor: Descriptive Psychology Press, 2013 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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
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
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
member to do so. The
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
parliament included restrictions on the use of 'non-human hominids' in research or teaching when passing the Animal Welfare Act (1999). In 2007, the parliament of the
Balearic Islands The Balearic Islands are an archipelago in the western Mediterranean Sea, near the eastern coast of the Iberian Peninsula. The archipelago forms a Provinces of Spain, province and Autonomous communities of Spain, autonomous community of Spain, ...
, an autonomous province of Spain, passed the world's first legislation granting legal rights to all great apes. In 2013,
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
'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. In 2014, a hybrid, zoo-born orangutan named Sandra was termed by the court in
Argentina Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
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" needed to be clarified by the court. Court cases relevant to this orangutan were continuing in 2015. Finally, in 2019, Sandra was granted nonhuman personhood and freed from captivity to a Florida sanctuary. In 2015, for the first time, two chimpanzees, Hercules and Leo, were thought to be "legal persons", having been granted a writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
. This meant their detainer,
Stony Brook University Stony Brook University (SBU), officially the State University of New York at Stony Brook, is a public university, public research university in Stony Brook, New York, United States, on Long Island. Along with the University at Buffalo, it is on ...
, 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.


Corporations

In statutory and corporate law, certain social constructs are legally considered persons. In many jurisdictions, some
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s and other
organization An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as ...
s are considered
juridical person A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...
s (a subtype of
legal person In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...
s) with standing to own, possess, enter contracts, as well as to sue or be sued in court, or even to be indicted, in selected jurisdictions. 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

Since the new millennium, treating parts of nature like waterways as persons has become increasingly popular.


Bolivia

In 2006,
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
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".


Canada

In February 2021, the Magpie River (Quebec) became the first river in Canada to be granted legal personhood, after the local municipality of Minganie and the Innu Council of Ekuanitshit passed joint resolutions. The goal is to protect it long-term given its appeal for energy producers like Hydro-Quebec and Innergex Renewable Energy. It has since the right to flow, maintain biodiversity, be free from pollution, and to sue.


Colombia

In 2016, the Constitutional Court of Colombia granted legal rights to the Rio Atrato; in 2018, the Supreme Court of Colombia granted the Amazon river ecosystem legal rights.


Ecuador

In 2008,
Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
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."


India

In 2017, a court in the northern Indian state of
Uttarakhand Uttarakhand (, ), also known as Uttaranchal ( ; List of renamed places in India, the official name until 2007), is a States and union territories of India, state in North India, northern India. The state is bordered by Himachal Pradesh to the n ...
recognized the
Ganges The Ganges ( ; in India: Ganga, ; in Bangladesh: Padma, ). "The Ganges Basin, known in India as the Ganga and in Bangladesh as the Padma, is an international which goes through India, Bangladesh, Nepal and China." is a trans-boundary rive ...
and
Yamuna The Yamuna (; ) is the second-largest tributary river of the Ganges by discharge and the longest tributary in India. Originating from the Yamunotri Glacier at a height of about on the southwestern slopes of Bandarpunch peaks of the Low ...
as legal persons. The judges cited Whanganui river in New Zealand as precedent for the action.


New Zealand

The Whanganui River of New Zealand is revered by the local
Māori people Māori () are the Indigenous peoples of Oceania, indigenous Polynesians, Polynesian people of mainland New Zealand. Māori originated with settlers from East Polynesia, who arrived in New Zealand in several waves of Māori migration canoes, c ...
as ''Te Awa Tupua'', sometimes translated as "an integrated, living whole". Efforts to grant it special legal protection have been pursued by the Whanganui iwi 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 The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
and one from the Whanganui are responsible for protecting the river.


United States

In 2019, the Klamath River has been granted personhood by the Yurok Tribe. Also in February 2019, voters in
Toledo, Ohio Toledo ( ) is a city in Lucas County, Ohio, United States, and its county seat. It is located at the western end of Lake Erie along the Maumee River. Toledo is the List of cities in Ohio, fourth-most populous city in Ohio and List of United Sta ...
passed the "Lake Erie Bill of Rights" (LEBOR), which granted personhood rights to
Lake Erie Lake Erie ( ) is the fourth-largest lake by surface area of the five Great Lakes in North America and the eleventh-largest globally. It is the southernmost, shallowest, and smallest by volume of the Great Lakes and also has the shortest avera ...
. The law was challenged in federal court on constitutional grounds by Drewes Farms Partnership, with the state government of Ohio joining as an intervenor. The law was overturned due to the vagueness of at least three portions of the law, with the court also criticizing the applicability of the law to other Lake Erie-bordering jurisdictions' laws regarding the lake.


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
transhumanist Transhumanism is a philosophical and intellectual movement that advocates the human enhancement, enhancement of the human condition by developing and making widely available new and future technologies that can greatly enhance longevity, cogni ...
position, which supports morphological freedom, even if a person changed so much as to no longer be considered a member of the human
species A species () is often defined as the largest group of organisms in which any two individuals of the appropriate sexes or mating types can produce fertile offspring, typically by sexual reproduction. It is the basic unit of Taxonomy (biology), ...
. For example, how much of a human can be artificially replaced before one loses their personhood? also in the case for cyborgs If people are considered persons because of their
brain The brain is an organ (biology), organ that serves as the center of the nervous system in all vertebrate and most invertebrate animals. It consists of nervous tissue and is typically located in the head (cephalization), usually near organs for ...
s, 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?


Religion

In China's religious philosophy of
Taoism Taoism or Daoism (, ) is a diverse philosophical and religious tradition indigenous to China, emphasizing harmony with the Tao ( zh, p=dào, w=tao4). With a range of meaning in Chinese philosophy, translations of Tao include 'way', 'road', ' ...
, the Tao is a path of life and a divine field; not exhibiting personhood of itself, but "if well-nourished", is supposedly beneficial towards persons and the components of personhood. Many generally non-religious Japanese people maintain a degree of
Shinto , also called Shintoism, is a religion originating in Japan. Classified as an East Asian religions, East Asian religion by Religious studies, scholars of religion, it is often regarded by its practitioners as Japan's indigenous religion and as ...
spirituality (thus avoiding fully declared non-spirituality) because the
kami are the Deity, deities, Divinity, divinities, Spirit (supernatural entity), spirits, mythological, spiritual, or natural phenomena that are venerated in the traditional Shinto religion of Japan. ''Kami'' can be elements of the landscape, forc ...
are not as central to the Shinto religion as a
monotheistic Monotheism is the belief that one God is the only, or at least the dominant deity.F. L. Cross, Cross, F.L.; Livingstone, E.A., eds. (1974). "Monotheism". The Oxford Dictionary of the Christian Church (2 ed.). Oxford: Oxford University Press. A ...
creator God, thus having an indirect impact on the formation of an individual's personality. The non-centrality of the kami allow an individual to take an ambivalent stance towards
atheism Atheism, in the broadest sense, is an absence of belief in the Existence of God, existence of Deity, deities. Less broadly, atheism is a rejection of the belief that any deities exist. In an even narrower sense, atheism is specifically the ...
or theism and deism. Religiously speaking, the degree of personhood granted to a deity (along with their universal centrality to a given religion) may be seen to have an impact on the world view and understandings of personhood by mortal individuals.


Christianity

The Latin word ''
persona A persona (plural personae or personas) is a strategic mask of identity in public, the public image of one's personality, the social role that one adopts, or simply a fictional Character (arts), character. It is also considered "an intermediary ...
'' is probably derived from the Etruscan word ''phersu'', with the same meaning, and that from the Greek πρόσωπον (''prosōpon''). Its meaning in the latter Roman period changed to indicate a character of a theatrical performance or
court of law A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
, when it became apparent that different individuals could assume the same
role A role (also rôle or social role) is a set of connected behaviors, rights, obligations, beliefs, and norms as conceptualized by people in a social situation. It is an expected or free or continuously changing behavior and may have a given indi ...
and that legal attributes such as rights, powers, and duties followed the role. The same individuals as actors could play different roles, each with its own legal attributes, sometimes even in the same court appearance. According to other sources, which also admit that the origin of the term is not completely clear, ''persona'' could be related to the Latin verb ''per-sonare'', literally: ''sounding through'', with an obvious link to the above-mentioned theatrical mask, which often incorporated a small megaphone. The word was transformed from its theater use into a term with strict technical theological meaning by
Tertullian Tertullian (; ; 155 – 220 AD) was a prolific Early Christianity, early Christian author from Roman Carthage, Carthage in the Africa (Roman province), Roman province of Africa. He was the first Christian author to produce an extensive co ...
in his work, ''Adversus Praxean'' (''Against Praxeas''), in order to distinguish the three "
person A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
s" of the
Trinity The Trinity (, from 'threefold') is the Christian doctrine concerning the nature of God, which defines one God existing in three, , consubstantial divine persons: God the Father, God the Son (Jesus Christ) and God the Holy Spirit, thr ...
. Christianity is thus 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 Subsequently,
Boethius Anicius Manlius Severinus Boethius, commonly known simply as Boethius (; Latin: ''Boetius''; 480–524 AD), was a Roman Roman Senate, senator, Roman consul, consul, ''magister officiorum'', polymath, historian, and philosopher of the Early Middl ...
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."


See also

* Abortion debate * Environmental personhood *
Ethics of artificial intelligence The ethics of artificial intelligence covers a broad range of topics within AI that are considered to have particular ethical stakes. This includes algorithmic biases, Fairness (machine learning), fairness, automated decision-making, accountabili ...
* Natural person in French law * Nonperson treatment * Right to personal identity * Speciesism * Valladolid debate


References


External links

* {{Social class Abortion debate Egalitarianism Equality rights Legal terminology Legal concepts Human rights Transhumanism Concepts in social philosophy