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Politics : View from the Center and Left

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To: Lane3 who wrote (64488)	5/8/2008 2:57:34 PM
From: TimF	Read Replies (1) of 543525

I'm more particular with natural rights, than legal rights, and in the legal realm, more with constitutional rights, and contractual rights than statute rights or historical legal conventions. The whole legal personhood (not just the "right to free speech" part) of a corporation is a legal fiction. But legal fiction is a term of art that doesn't mean something like "distortion of the law", or "a lie". Many legal fictions are very useful, well understood, and a long standing part of our legal and political culture, they aren't like finding that the constitution now says something totally different that it apparently didn't say 10 years ago, without an intervening relevant amendment. What alternative do you have other than to give legal rights or protections or privileges to the corporation (other than just shutting down the collective action of the owners of the corporation)? Interestingly if you drop the legal fiction that the corporation is a person, you would also lose the ability to sue corporations. (Although that could probably be changed through changes in legislation) en.wikipedia.org

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