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by EnergyAmy
14 days ago
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You're confusing them again, which is why sneaking in priors with the term "people" is bad. "granted to them by the people" means "We The People", society, etc, not the people in control of the legal fiction. > being proxies of their constituents These proxies have no rights. People can exercise their rights as people. Or, they can create legal fictions with no rights. That legal fiction inherits no rights from the owners, which is where the analogy fails. There's no intermingling/combination/whatever to call "rights", because there's nothing. Every action that legal fiction takes is a permission granted to it by society that continues to tolerate its existence. That tolerance is finite. When that tolerance ends, so does the legal fiction's existence. Unlike with people, there are no moral quandaries with revoking the privilege of existence. Rights being inherent to people is an interesting but separate topic. We've generally agreed as a society that people have rights. |
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> People can exercise their rights as people. Or, they can create legal fictions with no rights.
How exactly do you think they can create these legal fictions? Through their rights. That's how corporations inherit them. Keep in mind I'm not focusing on LLCs, but the more broader concept, that also includes an organized society under a common set of rules.
> There's no intermingling/combination/whatever to call "rights", because there's nothing.
There's clearly something, as "Microsoft" and "Google" are distinct entities. To imply there's nothing is to imply there's no difference.
> Every action that legal fiction takes is a permission granted to it by society that continues to tolerate its existence.
Who is "society" here? Everyone? Clearly not, or else this trial would not have reached this conclusion while others complain in the internet about its results. Generally, it refers to a group of people bound by a set of rules (the constituion, laws, etc.), i.e. a corporation. So it's a bit funny that a legal fiction decides whether other legal fictions exist.
> Rights being inherent to people is an interesting but separate topic.
We are in a discussion about whether corporations have rights or not. It ultimately will touch on the source of rights and where they are derived from.
> We've generally agreed as a society that people have rights.
Which doesn't do much against rights being legal fiction. Or corporations having rights.