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I am looking at a copy of European Legal History, Robinson, Fergus, Gordon, Oxford 2000, 3rd ed. Section New Trends in Law 1814-1914, discusses "17.2 - organiza
by eternalban 4y ago
I am looking at a copy of European Legal History, Robinson, Fergus, Gordon, Oxford 2000, 3rd ed. Section New Trends in Law 1814-1914, discusses "17.2 - organization of business" and provides some answers.
- Corporations "prior to 19th century" were 'privileges' granted by a sovereign, not 'rights'. East-India among others is an example. (17.2.6)
- "The joint stock company is an incorporated body, a legal person in its own right, distinct from its shareholders and directors. This eases the path of those having commercial dealing with it ..." (17.2.5) goes on to enumerate how corporation as a legal person suites the modern economic regime. So basically, corporations are legal persons because of Capitalism. (My op.)
- ps
which is imo not a bad thing, actually. This is a classic case of a legacy decision/design in a system made at a time when there were more limited knowledge and information. And task is how to unravel the error without taking down the whole system. What we want is a legal scope around the person-hood of a corporation that allows for good (if not optimal) economic regime (in general, possibly including ethical dimensions), and yet does not distort the distinction between human beings -- and we have Natural Rights that are conferred by none other than the Goddess/God/Big Daddy/The Architect/"Fundamental-Laws", take your pick /g and can not be taken away by any legal mechanism -- and corporations don't, because we are a first order side effect of the Universe and these things are just organizations.
- throw0101c 4y ago> So basically, corporations are legal persons because of Capitalism. See The Medieval Origins of the Legal Profession by Brundage, which has a few chapters on law during the Roman period, as well as chapters on the creation of universities, along with mentions of things like guilds and town charters, which were collective groupings of people treated as a single entity. * https://en.wikipedia.org/wiki/James_A._Brundage https://en.wikipedia.org/wiki/James_A._Brundage * https://en.wikipedia.org/wiki/University#Definition https://en.wikipedia.org/wiki/University#Definition * https://en.wikipedia.org/wiki/A_History_of_the_University_in_Europe https://en.wikipedia.org/wiki/A_History_of_the_University_in... Going back to Ancient Rome for non-commercial purposes: * https://en.wikipedia.org/wiki/Associations_in_ancient_Rome https://en.wikipedia.org/wiki/Associations_in_ancient_Rome * https://en.wikipedia.org/wiki/Collegium_(ancient_Rome) https://en.wikipedia.org/wiki/Collegium_(ancient_Rome)
- eternalban 4y agoKey point is all those were privileges granted by the monarch. You did not have a right to start a company, so whatever affordances were given to pre-19th century organizations by the state, they were grants.