Abstract

This chapter introduces the concept of legal personhood as well as the right to legal personhood. Legal theory, moral philosophy, and human rights law are used to explore the definition of ‘legal personhood’. ‘Legal capacity’ and ‘equal recognition before the law’, terms frequently used in human rights law, are also explored. It is established that the terms ‘legal capacity’ and ‘legal personhood’ can be used interchangeably because they both include recognition before the law (standing) as well as legal actions (agency). It is also established that they are both elements of the overarching right to equal recognition before the law. The differences in the use of these terms in common law and civil law jurisdictions are also discussed. In addition, a history of the right to legal personhood (via the right to equal recognition before the law) throughout UN human rights instruments is provided. The chapter aims to provide clarity regarding the definition and meaning of the right to legal personhood, and related terms, in order to provide the foundation for the analyses that take place across the various chapters in this book.