Abstract
Legal and political debates around defining the term person on the one hand, and personhood of human on the other, have in recent periods intensified in almost all legal sectors, from civil, criminal, corporate and public laws to emerging areas of human rights and humanitarian discourses. The purpose of this article is to delve into the increasingly significant conjunction between these two terminologies that has not been evidently clarified, either in the prevailing academic jargon or in the application of international normative standards. Accordingly, based on an inquisitive analysis, the paper emphasizes on the essence of humanistic approaches in redefining personhood from the perspectives of legal jurisprudence stemming from contemporary and emerging socio-political philosophy of international law. A key conclusion drawn relates to the fact that the proffered approach recognizes fundamental human rights as the foundational building blocks of the re-construed normative trends in inter- and intra-disciplinary reciprocation between personality and humanity.
Highlights
Both in anthropological analysis in as much as in other cross disciplinary sociological studies and debates, the concept of personhood remained thematically complex and plausibly contradictory
The phenomena associated with the recognition of redefined personhood in the backdrop of universal humanity,1 a notional idiom in the new global order, re-emphasize a core basis of the “fourth generation”2 constructivism, namely: the ultimate determinant of the attributing features of human is in being a human person itself
Based on a synoptic analysis of the propositions made in this article, it is clearly evident that the correlated concept of human and person is embedded in a broad area of legal and philosophical concerns that have been addressed with different strategies, visions and approaches
Summary
Both in anthropological analysis in as much as in other cross disciplinary sociological studies and debates, the concept of personhood remained thematically complex and plausibly contradictory. The phenomena associated with the recognition of redefined personhood in the backdrop of universal humanity, a notional idiom in the new global order, re-emphasize a core basis of the “fourth generation” constructivism, namely: the ultimate determinant of the attributing features of human is in being a human person itself This revisited outlook is evident in the intrinsic parallelism underlying the first approach objectively in the broader but essentially inclusive values and visions of personhood in law, and subjectively in the inherent prerogative indelibly entrenched in the genesis of human rights based approaches (HRB) to the 21st century reconceptualized personhood. The second proposition assesses the interactions, overlaps and contradictions between these two expressions referring to diverse philosophical approaches adopted for their metaphysical, phenomenological, historic and legal reasoning These include reviewing the complex and puzzling terminological jumbles between the two: implications of person and humanhood in contemporary international law; the logic-realism wrangling embedded in the vicissitudes of age-old personhood debate; and the implications of personhood in global relations and international legal realm. The third perspective focuses on the increasingly expanding recognition and acceptance of humanistic lingo in the interpretation of personhood of human as against humanhood of person adopting human rights based approaches in contemporary jurisprudential thoughts
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
