A pregnant woman relaxing on her porch The question of whether human embryos or fetuses could be considered legal persons first gained traction in the U.S. after the 1973 Supreme Court case Roe v. Wade established a constitutional right to abortion. (more) legal personhood Ask the Chatbot a Question More Actions Share Share Share to social media Facebook X URL https://www.britannica.com/topic/legal-personhood Feedback Corrections? Updates? Omissions? Let us know if you have suggestions to improve this article (requires login). Feedback Type Select a type (Required) Factual Correction Spelling/Grammar Correction Link Correction Additional Information Other Your Feedback Submit Feedback Thank you for your feedback Our editors will review what you’ve submitted and determine whether to revise the article.
External Websites Ask the Chatbot a Question Also known as: artificial person, fictitious person Written by Meg Matthias Meg Matthias is Senior Video Production Manager at Encyclopædia Britannica. Meg Matthias Fact-checked by The Editors of Encyclopaedia Britannica Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. They write new content and verify and edit content received from contributors. The Editors of Encyclopaedia Britannica Last Updated: Dec 11, 2024 • Article History Table of Contents Table of Contents Ask the Chatbot a Question Also called: fictitious person or artificial person (Show more) { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type" : "Question", "name" : " What is legal personhood? ", "acceptedAnswer" : { "@type" : "Answer", "text" : "Legal personhood is a concept in Western law that allows a person, corporation, or other entity to engage in the legal system, own property, be sued by or sue others, and agree to contracts. It has existed since the time of ancient Roman law." } } , { "@type" : "Question", "name" : " How has legal personhood historically been applied to minority groups in the U.S.? ", "acceptedAnswer" : { "@type" : "Answer", "text" : "Historically minority groups have often been denied legal personhood. Examples include enslaved people, as a result of the 1857 Dred Scott decision, and people with disabilities, as a result of the 1927 Buck v. Bell Supreme Court case." } } , { "@type" : "Question", "name" : " What rights do corporations have to legal personhood? ", "acceptedAnswer" : { "@type" : "Answer", "text" : "Corporations can be sued for failing to perform contractual duties and enjoy rights such as free speech. The 1886 U.S. Supreme Court case Santa Clara County v. Southern Pacific Railroad and the 2010 Citizens United case expanded these rights." } } , { "@type" : "Question", "name" : " What are some arguments for expanding legal personhood to nonhuman entities? ", "acceptedAnswer" : { "@type" : "Answer", "text" : "Advocates argue for including animals, nature, artificial intelligence (AI), and fetuses as legal persons to protect those entities against mistreatment. Ecuador grants legal personhood to nature, and AIu2019s legal complexities continue to evolve." } } , { "@type" : "Question", "name" : " What was the significance of the 2024 Alabama Supreme Court ruling in LePage v. Center for Reproductive Medicine? ", "acceptedAnswer" : { "@type" : "Answer", "text" : "The ruling considered frozen embryos as u201Cunborn childrenu201D in Alabama, limiting the use of in vitro fertilization (IVF). It applied the stateu2019s Wrongful Death of a Minor Act to all fetuses and embryos, potentially impacting the legal status of miscarriage, abortion, and IVF." } } ] } Top Questions What is legal personhood? Legal personhood is a concept in Western law that allows a person, corporation, or other entity to engage in the legal system, own property, be sued by or sue others, and agree to contracts. It has existed since the time of ancient Roman law.
How has legal personhood historically been applied to minority groups in the U.S.? Historically minority groups have often been denied legal personhood. Examples include enslaved people, as a result of the 1857 Dred Scott decision, and people with disabilities, as a result of the 1927 Buck v. Bell Supreme Court case.
What rights do corporations have to legal personhood? Corporations can be sued for failing to perform contractual duties and enjoy rights such as free speech. The 1886 U.S. Supreme Court case Santa Clara County v. Southern Pacific Railroad and the 2010 Citizens United case expanded these rights.
What are some arguments for expanding legal personhood to nonhuman entities? Advocates argue for including animals, nature, artificial intelligence (AI), and fetuses as legal persons to protect those entities against mistreatment. Ecuador grants legal personhood to nature, and AI’s legal complexities continue to evolve.
What was the significance of the 2024 Alabama Supreme Court ruling in LePage v. Center for Reproductive Medicine? The ruling considered frozen embryos as “unborn children” in Alabama, limiting the use of in vitro fertilization (IVF). It applied the state’s Wrongful Death of a Minor Act to all fetuses and embryos, potentially impacting the legal status of miscarriage, abortion, and IVF.
legal personhood, fundamental aspect of Western law that allows a person, corporation, or other entity to engage in the legal system. A legal person can own property, be sued by or sue others, agree to contracts, and engage in other actions within a legal system. The concept of legal personhood has existed since the time of ancient Roman law. Legal personhood is described in a 1928 edition of the Yale Law Journal: Legal personhood often refers to nonhuman entities receiving the same legal rights as a human being under a court of law, but the status of legal personhood has ...(100 of 1485 words)
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