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Legal personhood and the firm: avoiding anthropomorphism and equivocation

Legal personhood and the firm: avoiding anthropomorphism and equivocation Abstract From the legal point of view, ‘person’ is not co-extensive with ‘human being’. Nor is it synonymous with ‘rational being’ or ‘responsible subject’. Much of the confusion surrounding the issue of the firm's legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term ‘person’ is defined in line with its original meaning as ‘mask’ worn in the legal drama, it is easy to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally grounded view of the firm. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Institutional Economics Cambridge University Press

Legal personhood and the firm: avoiding anthropomorphism and equivocation

Journal of Institutional Economics , Volume 12 (3): 15 – Jul 7, 2015

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References (127)

Publisher
Cambridge University Press
Copyright
Copyright © Millennium Economics Ltd 2015 
ISSN
1744-1382
eISSN
1744-1374
DOI
10.1017/S1744137415000235
Publisher site
See Article on Publisher Site

Abstract

Abstract From the legal point of view, ‘person’ is not co-extensive with ‘human being’. Nor is it synonymous with ‘rational being’ or ‘responsible subject’. Much of the confusion surrounding the issue of the firm's legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term ‘person’ is defined in line with its original meaning as ‘mask’ worn in the legal drama, it is easy to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally grounded view of the firm.

Journal

Journal of Institutional EconomicsCambridge University Press

Published: Jul 7, 2015

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