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by rickydroll
6 days ago
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Yes, it does conflict with my own concept of personhood. I forgot to add that to my comment. I was trying to show that it is not "merely a legal expedient", that corporate personhood had a specific purpose, and that it differed from a real person. I think that the confusion about legal personhood in corporations comes from how lawyers explain its existence. A couple of lawyers I've had explained it as, it's just like a person in the law, except where it's different. The problem is that we haven't created a clear enough distinction between a natural person and a legal person. In many cases, corporations have rights but not the responsibility. For example, they have speech rights, but they don't go to jail when the corporation commits a crime. The judicial inequalities between ordinary people and rich people are even greater between natural persons and corporations. |
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A model that treats what effectively amounts to a body of assets united by a charter as equivalent to a person - except when it isn't - is inherently confusing because these are not at all similar kinds of entities. While it's clear that this model has a purpose, I think people are right to point out that the equivalence is drawn by rather stilted logic and even more right to question whether the consequences of this legal framing are desirable from their perspective