2019 - Supporting Personhood: An Examination of the Evolving relationship Between The Legal Person and the State


The past decade has seen substantive shifts in the recognition of what constitutes legal personhood, the relationship between legal persons and human persons, and the role of the state in enabling personhood. There has been a transition across multiple fields of law, as the obligations on the state have shifted from non-interference in personhood, to active support and enabling of personhood. In disability contexts, international law now requires the state to support decision-making and agency of all people with disabilities. In environment law, rivers and other natural objects have been recognised as legal persons with specific rights, although highly varying levels of state support and increasing tensions between legal subjects and legal objects.

What do these new obligations say about the role of the state in enabling personhood? How is law evolving to both recognise new persons as well as enable their full agency? Does this re-framing also re-insert the power of the state, or does it harness this power to support vulnerable persons? This increasing emphasis on the obligations of the state provides a new way to imagine and envision the role of the state, as well as reconnecting ‘rights talk’ to a meaningful discussion of obligations, particularly in the context of vulnerability.

This workshop begun a conversation across multiple areas of law around the theme of personhood and the obligations of the state. It focused on bringing together scholars within Australia with select international guests from Aotearoa New Zealand, in order to first develop the discussion within the local context. It aimed to expand the discussion to include more international scholars in a larger event in the second half of 2020. The outcome from the workshop is a special issue of a law journal (e.g. Law in Context) in which the various developments in State support for legal personhood are explored and conclusions are made regarding the wider implications for law and legal theory.

Organisers/ Co-chair

Dr Anna Arstein-Kerslake, Senior Lecture (MLS)
Dr Erin O'Donnell, Senior Fellow (MLS)

"Recognising Personhood" Launch of Special Issue in Griffith Law Review

The launch of "Recognising Personhood" was held online on Thursday 3 March 2022.

In this launch, Dr Erin O'Donnell (Melbourne Law School) and Dr Anna Arnstein-Kerslake (Melbourne Law School) was joined by Dr Anne Poelina (Nulungu Institute of Research, University of Notre Dame) in a conversation with some of the Special Issue authors.

Watch the recording.

Workshop Report

The final report for the workshop can be downloaded here.

Speakers and Discussants

Workshop date

Monday, 26 August 2019
10:30am - 5:30pm

Room 628, Level 6
Melbourne Law School, 185 Pelham street, Melbourne

This workshop was co-hosted with Institute for International Law and the Humanities at Melbourne Law School