5 ms·
You won't find a single state in the US that has legislation saying a corporation (or LLC, or any of the similar structures) must benefit the public.
by danielmarkbruce 3y ago
You won't find a single state in the US that has legislation saying a corporation (or LLC, or any of the similar structures) must benefit the public.
- trinsic2 3y agoCharter a written grant by a country's legislative or sovereign power, by which a body such as a company, college, or city is founded and its rights and privileges defined. "the town received a charter from the Emperor" The legislative process for a charter says otherwise. We, the people, define what the government is and by extension what the rights a company has. The fact that states don't enforce the revocation of a company's charter doesn't mean that the power, given by the people, to the government doesn't exist.
- danielmarkbruce 3y agoWhich actual jurisdiction are you referring to? In the US the power to create corporate entities is state level, not federal. The relevant legislation is at a state level. Maybe look into Delaware and have a concrete idea.
- trinsic2 3y agoIt's the principle, behind common law, that matters. Principles, that establishes the right of the people to give power to government to assign a certain scope of rights and privileges to corporations. All laws are based on principles.
- danielmarkbruce 3y agoIt's worth taking a course in jurisprudence. Even pick up a book. There are several positions on "what matters" and "what laws are based on".
- trinsic2 3y agoThanks for that tip. Check out some books related to common law perspectives on the principles of how law is established. You will find that all law is based on formulating guidelines for behaviors of people in society for the benefit of society.
- danielmarkbruce 3y agoLook up the word "jurisprudence".
- trinsic2 3y agoFrom Wikipedia: "Ancient natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason, and it is from these laws of nature that human laws gain whatever force they have", Analytic jurisprudence (which is what I think you are talking about) is something that people think is more important (a belief, codified in law) than Natural Law. But Common Law, derives from Natural Law and it still has a place in this area of focus even though people believe that it doesn't, or it shouldn't. The actual harms in society are caused by the belief that laws can be legislated though power dynamics. Analytic jurisprudence cannot contend with the idea that all law, stems from natural law, and when you deviate from it, it cause harms for society. Plus it's at the whim of people in power. Just because it happens, doesn't make it right or required.
- danielmarkbruce 3y agoJurisprudence is the study and theory and philosophy of law. It's the whole giant field, it's not a specific position. If you think it's a settled topic, or obvious, you haven't studied it.
- trinsic2 3y agoI'm saying that one specific part (Natural Law) is the foundation for all law and is more important then all the others parts when it comes to behavior of individuals and corporations. Natural law takes presence over it all because it's the foundation of all law.