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Foundation of Post-humanistic Legal Theory in the Development of Science and Technology
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과학기술의 발달에 따른 탈인간적 법이론의 기초 놓기

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Type
Academic journal
Author
Younsik Kim (성신여자대학교)
Journal
법과사회이론학회 법과사회 법과사회 제53호 KCI Accredited Journals
Published
2016.1
Pages
71 - 107 (37page)

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Foundation of Post-humanistic Legal Theory in the Development of Science and Technology
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This paper demonstrates that post-humanistic legal theory can bring a new perspective to the solution of the legal problems arising from science and technology. This research emphasizes that the legal system can accommodate the emergence of non-human actors such as animals or computers by reinterpreting existing jurisprudence, rather than inventing an entirely new legal dogmatic. Along with the development of science and technology, anthropocentric understanding faces legal difficulties in dealing with the emergence of new non-human actors. Luhmann's social system theory and Latour's actor-network theory suggest the personification of non-humans as an alternative for the post-humanistic legal theory. Teubner uses the theory of judicial personality, which has been applied to corporation, as a representative example of the personification of non-humans. Further, Teubner applies the personification of non–humans to machines or artificial intelligence by borrowing actor–network theory. Teubner applies the understanding of the corporation to the hybrid, a strategic association formed by combining the non-human and the human actant. Legal doctrines, developed for a corporation as a non-human collective, can be applicable to another non–human collective, the hybrid. Of course, it is difficult to see that the same legal personality that human beings possess in traditional anthropocentric jurisprudence can be given to all non–human beings. The extent and quality of legal personality are determined and varied according to a way in which the legal system has a relationship with other social systems.

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