Neither Matter Nor Spirit: The Ambivalent Substance of Digital Legal Personhood and Its Theological Antecedents

VAZQUEZ CINTRON M

First

Writing - Original Draft Preparation

2023-01-01

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Abstract

The so-called ‘Right to Be Forgotten’ cases have been provoked by people’s desires to make their own determinations about what personal information is accessible online to others (and when, and how) in a world of data permanence. Legally at stake is how personhood is defined and defended. Thus far, European law has pri- marily concerned itself with the delisting of ‘data subjects’ from search results and the deletion or anonymization of personal information from and by search engine operators. As a result, personhood has fallen into a kind of legislative void [43] I argue that this void is engendered by an old friction between the traditional Western secularist cognitive models that have formed the skeleton of Western law and the pulsing flesh of living human subject creation that pushes back against it. At the very least, the digital immortality of our images, voices, words and more, are bring- ing forth a variety of aspects of our ‘person.’ Meanwhile, religious worldviews have long understood and made use of phenomenological ideas of human becoming and transcendence that are far more congruous with how—even modern secular—peo- ple make meaning of their lives and self-creation, and how they think of posthumous existence. Moving through and with some of the most recent thinking in philosophy, anthropology, and cognitive science, I will develop the argument that human sub- jectivity is not only impossible to limit to the body, but that a radicalized ecological view is the only one that can ‘save’ us.