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My understanding as a non-lawyer is that legal personhood is not predicated on membership in the human species. It is predicated on whatever precedent has estab
by nwah1 4y ago
My understanding as a non-lawyer is that legal personhood is not predicated on membership in the human species. It is predicated on whatever precedent has established. And that there are important distinctions made in law between legal persons and natural persons. Which is why even a corporation can be considered as having personhood, and why there has been some controversy as to whether great apes in general have legal personhood.
Both legal personhood and natural personhood are just legal constructs that aren't defined by species except through precedent, which could change at any time. And, of course, membership in the human species in a scientific sense is certainly meaningless legally, as can be seen with abortion law. A fetus is not universally granted personhood rights, despite being a human in terms of genetics and taxonomy.
Slavery is another example where we can clearly see that natural personhood, as defined by the courts, was not synonymous with membership in the human species.
So, whatever unwritten standards are being used to determine personhood by the legal system could very well apply to extraterrestrials, for all we know.
In fact, the very notion of a species didn't exist when these legal concepts were invented. They go back at least to English Common Law, if not Roman Law or Biblical law or earlier.
- 29athrowaway 4y agoIt is still a legal void. Can an extraterrestrial have legal representation? or represent themselves? If you are not a person you cannot participate in contracts or sign legal documents. It is a complete mess of a situation if you think about it. And there may be also legal definitions that would have to be revised. For example, if you enter US territory from space, you technically did not cross any borders, you simply entered American airspace without crossing a border. If what's penalized is crossing a border, there would be no crime there.
- anonymouskimmer 4y agoAnd today I found out a female donkey was acquitted of bestiality with a human on account of testimonies to her virtuous character: https://en.wikipedia.org/wiki/Animal_trial#Ferron_case https://en.wikipedia.org/wiki/Animal_trial#Ferron_case > Jacques Ferron was a Frenchman who was tried and hanged in 1750 for copulation with a jenny (female donkey).[16][17] The trial took place in the commune of Vanves and Ferron was found guilty and sentenced to death by hanging.[18] In cases such as these it was usual that the animal would also be sentenced to death,[19] but in this case the she-ass was acquitted. The court decided that the animal was a victim and had not participated of her own free will. A document, dated 19 September 1750, was submitted to the court on behalf of the she-ass that attested to the virtuous nature of the animal. Signed by the parish priest and other principal residents of the commune it proclaimed that "they were willing to bear witness that she is in word and deed and in all her habits of life a most honest creature."[16]