The concept of party
Emmanuel Jeuland · Edward Elgar Publishing eBooks · 2020
This chapter considers the concept of ‘party’ in civil proceedings from both a European legal philosophy standpoint and a practical one. It distinguishes between the capacity of a person to possess a substantive right and the capacity to litigate in their own name. Consideration of whether non-humans may be parties looks at the possibility of animals as parties or as being represented in a collective capacity. The issue of whether artificially intelligent machines might be parties to civil litigation is also discussed.