Legal Personhood Reading Group

Legal personhood is the bedrock of our justice systems – especially in our neo-liberal world. It is the law’s recognition of an individual or entity as a rights holder and legal agent. It is required for standing before courts, as well as for having decisions respected in law. It has traditionally been constructed around the ‘ideal’ of a white, able-bodied, cis-gender male atomistically navigating the socio-legal world in search of his ‘good life.’ However, scholars and activists are increasingly challenging this notion of legal personhood as ill-suited for modern realities (and, perhaps, as completely illusory). They have highlighted for example, that it doesn’t encompass the needs of women (who are often navigating the world in search of a good life for those under their care) or disabled people (who often do not have the supports necessary for navigating our world, which is often hostile to them). In addition, we are increasingly understanding that legal personhood can be applied to non-human entities, such as rivers and marine ecosystems – as some First Nations legal systems have long recognised. This reading group will explore some of these new lines of inquiry and begin asking questions such as: ‘What should a definition of legal personhood look like in our modern world’? ‘Can we overcome the exclusionary origins of the neo-liberal understanding of legal personhood’? ‘Who and/or what are important to recognise as legal persons’?
This reading group will be convened by Associate Professor Anna Arstein-Kerslake and Dr Erin O'Donnell.
Sessions will be held each month on a Wednesday from 1:00pm - 2:00pm in Room 831, Level 8, Melbourne Law School. Please see schedule below.
Semester 2, 2025
- Wednesday 30 July 2025
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Room 831
Foundational Questions
Naffine, Ngaire, 'Who are law's persons? From Cheshire cats to responsible subjects' (2003) 66(3) The Modern Law Review 346-367
Grear, Anna, 'Law’s Entities: Complexity, Plasticity and Justice' (2013) 4(1) Jurisprudence 76–101 - Wednesday 27 August 2025
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Room 831
Vulnerability and Personhood
Fineman, Martha Albertson, 'The vulnerable subject and the responsive state' (2010) 60 EmoRy lJ 251 - Wednesday 10 September 2025
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Room 831
Perspectives on Personhood
Mackenzie, Catriona and Natalie Stoljar (eds), 'Introduction', in Relational autonomy: Feminist perspectives on autonomy, agency, and the social self (Oxford University Press, 2000)Tănăsescu, M, 'Rights of Nature, Legal Personality, and Indigenous Philosophies' (2020) 9(3) Transnational Environmental Law 429–453
- Wednesday 29 October 2025
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Room 831
New Ideas in Personhood
Nedelsky, Jennifer, 'Chapter 1', in Law's relations: A relational theory of self, autonomy, and law (OUP, 2011)Geddis, A and J Ruru, 'Places as Persons: Creating a New Framework for Māori-Crown Relations' in JNE Varuhas & S Wilson Stark (eds), The Frontiers of Public Law (Hart Publishing, 2020) 255-274
- Wednesday 12 November 2025
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Room 831
Future-Proofing Personhood
Cribb, Miriama, Elizabeth Macpherson, and Axel Borchgrevink, 'Beyond legal personhood for the Whanganui River: collaboration and pluralism in implementing the Te Awa Tupua Act' (2024) The International Journal of Human Rights 1-24