Saturday, September 25, 2021

The 'Business Corporation' is a Legal Fiction, that's its 'Nature'. But now the Supreme Court has made it a 'Person'.

The Business Corporation is a Legal Fiction. Its basically, an artificial creation of Law. Anything that is 'Fictional', in our language, is 'never the case'. A 'Fiction' cannot be 'made' 'truthful' or 'valid' or 'existent'. Anything 'fictional in nature' is 'Unreal' and 'remains' Unreal. Its 'legal nature' is merely a Linguistic Connection allowed for sole purpose of 'Legal Reasoning'. It serves no other function. It does occupy a 'Place' within our economy. But, 'we must ask', why does it have to be a 'Person in contemplation of Law'. Why is that necessary? Why not just consider it what it actually is; a Business Entity, in the Economy and not a 'Person in contemplation of Law'. 'Creating' a 'New Person' within the 'Economy' or in the 'Social' or 'anywhere else', is beyond the 'Power' of any 'Court' or 'any man made' Institution. The end-result is that its as protected by the Constitution, 'as if' it really was a 'Real-Person'. Persons, of all types are Real. Legal Fictions are Social and Legal Creations that must exist as 'Real Fictions' and contribute to Legal Reasoning but not to the 'sanctifying result' of being a 'Real Person'. How can a Supreme Court create a Real Person? It can't! But, the Court seems to be pre-occupied with the Economic-Ability of the Business Corporation to create huge amounts of Money and Capital to Itself and to the Corporate Structure; not the Social, but solely to an Unbalanced and lop-sided Economy. The 'Social' is left behind in its 'tatered conditions' of existence.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.