Sunday, November 9, 2014

The 'Legal fiction' is the source of much abuse.

The corporation is legally held to be a 'legal fiction'. As such, it has 'gained' protection as a 'person' under the 14th Amendment of the Constitution. A 'human being' can only be 'real'. Can you name or 'point' to a human being that is 'unreal'. If s/he is a human being, regardless of sex, color, race, or creed, s/he is 'real'. Only the "corporation" has the distinction of being a "legal fiction", hence, admittedly 'unreal'. The 'legal fiction', apparently, has a right to exist, even though it can't be put in jail, can't be 'touched', doesn't get 'sick', doesn't have to 'eat', and if you ask someone to point out the so-called, "person", they can't do that either. Its a Fiction. Of course, some say there's a whole set of laws that governs their existence. But, that's not so. The Law describes how they function, i.e., the Board of Directors, the shareholders, their capitalization, etc., but the law does not say how long, or, how they are to 'exist', only, how they are to function as Legal Fictions. Of course, they must be 'law abiding' and not 'violate any laws'. But, corporations, that don't exist can't 'violate any Laws', because they don't exist. They can't be put in jail, as real people who violate laws. They even have immortality, i.e., they have a "perpetual existence". If they are shut-down, for some reason or another, the owners, just 'create' a new "legal fiction" with the same perpetual existence. In other words, they don't really die, they just 'change names'. The only way the Law can punish a corporation, is by "involuntary dissolution". But, that's temporary, and in order to do that, the Law has to 'pierce the corporate veil', to get to the 'owner' wrongdoers. I don't have to tell you how difficult that is. How sad; Government 'creates' corporations, and then, loses control over them. Corporations are great economic institutions, but Government needs more control over them.

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