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1 results

  • 13 - Corporate Personhood as Legal and Literary Fiction

  • from Part IV - Conceptual Origins and Lineages
  • Edited by Melissa J. Durkee, Washington University, St Louis
  • Book:
    States, Firms, and Their Legal Fictions
    Published online:
    29 February 2024
    Print publication:
    07 March 2024, pp 261-282

  • Summary

    The corporation plays a special role in discussions over legal personhood. Whereas advocates for human rights have turned to personhood to offer protection to the vulnerable, corporate personhood confers privileges on already powerful institutions. Nonetheless, attempts to distinguish corporate persons from other persons are beset by problems. This chapter suggests that instead of trying to find the truth of persons, such that we can distinguish real flesh and blood humans from the persona ficta of the corporation, we should take seriously the fictional nature of corporate personhood. The chapter concludes by mapping out two different ways that corporate fictions operate, one in law and the other in literature.