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The destruction of the de jure distinction between person and things: fabulous gain, catastrophic gain

This working paper serves as a support for an article published in French in the Recueil Dalloz. In Lisbon, in the Web Summit of November 2017, a machine covered with a skin-like material and a sound-producing device gave a speech in public at this conference on digital. For example, a French article tells the event by this title : Le premier robot citoyen donne sa propre conférence au web summit  (The first citizen robot gives his own conference to the web summit). Some time later, reports show the same robot walking and taking more than 60 facial expressions, the text laudatif that accompanies the images designating the automaton by the article: she.1It is true that in 1966, the BBC already presented a sort of robot being the "ideal" servant and designating it by the article "she".. The machine, which falls legally within the category of "things", is thus presented as a person. Let's look elsewhere. Women, who are human beings, sign contracts by which they agree to give birth to children, with whom they claim they have no connection, that they are not mothers, that they will hand them over immediately at the exit of their belly to those who desired their coming, this desire for parenthood creating by hitself the true and only link between the child and his "parents of intent". The mother-carrier is often openly referred to as "oven". The woman, who falls legally within the category of the "person", is thus presented as a thing. The two sensational phenomena are of the same nature. They call two questions: 1.Why? The answer is: money. Because both are the result of the new construction of two fabulous markets by supply. 2.How? The answer is: by the destruction of the distinction between the person and things. The distinction between person and things is not natural, it is legal. It is the base of the western legal systems, their summa divisio. If this distinction disappears, and for money to flow, it must actually disappear, then the weak human being will become the thing of the strong one. Read below the developments.

Articles in a legal collective publication

article dans une publication juridique collective

📝La mondialisation du point de vue du Droit (“Globalisation from a legal perspective”), in📗La mondialisation (“The Globalisation”)

► Full Reference: M.-A. Frison-Roche, "La mondialisation du point de vue du Droit" (Globalisation from a legal perspective), in Association Henri Capitant,  La mondialisation, t. LXVI/2016, Berlin, Bruylant, coll. "Travaux de l'Association Henri Capitant",   2017, pp. 11-30 - 📝read the  article (in French)  - 📗read the general presentation of the book, La mondialisation, in which this contribution for the book's synthesis and conclusion is published - 🚧lire le document de travail bilingue sur la base duquel cet article a été élaboré, doté de développements supplémentaires, de références techniques et de liens hypertextes - ► English summary of this article: Globalisation is a confusing phenomenon for lawyers. The first thing to do is to take the measure of it. Once this has been done, it is essential to allow oneself to think something about it, or even to force oneself to think something about it. For example, on the novelty or otherwise of the phenomenon, which then enables us to assess what is being put in place. If Law can and must "pretend" to defend every human being, a universal ambition that is intended to confront the global field of forces, then the next – but secondary – question is: quid facere? Nothing? Less than nothing? Or regulate? Or do we still affirm that the Law fulfills its primary function, which is to protect the weak, even in the power struggle that is Globalisation? - 📝read the summary and conclusive report of the symposium organised by the Association Henri Capitant, as part of the Journées internationales Allemande about La Mondialisation in Berlin, the 27 May 2016. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law