LEADER 03777nam 22006251 450 001 9910815430803321 005 20090714085751.0 010 $a1-4725-6465-0 010 $a1-282-15978-X 010 $a9786612159787 010 $a1-84731-482-1 024 7 $a10.5040/9781472564658 035 $a(CKB)1000000000766627 035 $a(EBL)450150 035 $a(OCoLC)647825434 035 $a(SSID)ssj0000189963 035 $a(PQKBManifestationID)11165948 035 $a(PQKBTitleCode)TC0000189963 035 $a(PQKBWorkID)10165855 035 $a(PQKB)10061667 035 $a(MiAaPQ)EBC1772632 035 $a(MiAaPQ)EBC450150 035 $a(UtOrBLW)bpp09256537 035 $a(Au-PeEL)EBL450150 035 $a(EXLCZ)991000000000766627 100 $a20140929d2009 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aLaw's meaning of life $ephilosophy, religion, Darwin, and the legal person /$fNgaire Naffine 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2009. 215 $a1 online resource (224 p.) 225 1 $aLegal theory today 300 $aDescription based upon print version of record. 311 $a1-84113-866-5 320 $aIncludes bibliographical references (pages 185-193) and index. 327 $aThe question : who is law for? -- The debate : legalists v realists -- Strictly legal persons -- Loosening the strictures -- Moral agents and responsibility -- Persons of limited reason -- Human and non-human animals : the implications of Darwin -- Embodiment : humans as biological beings -- The myths we live by. 330 $a"The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons."--Bloomsbury Publishing. 410 0$aLegal theory today. 606 $aJuristic persons 606 $aLaw$xPhilosophy 606 $2Jurisprudence & philosophy of law 615 0$aJuristic persons. 615 0$aLaw$xPhilosophy. 676 $a340.1 700 $aNaffine$b Ngaire$0554977 801 0$bUtOrBLW 801 1$bUtOrBLW 906 $aBOOK 912 $a9910815430803321 996 $aLaw's meaning of life$94060557 997 $aUNINA