Capitalism and the Semiotics of Corporate Personhood in a Law of Human Persons

The Flint water crisis: An analysis of public relations as a mediator between human and corporate persons

揭穿公司面紗原則為法院否認法人格之個案衡平機制，從本文所觀察的早期 適用案例、根據實務案件所發展出的理論基礎與構成要素、及針對關係企業集團 之修正性適用，可以發現其面貌其實是隨著案件和爭議內容不停地變遷的；因此， 揭穿公司面紗原則實際上亦適用於存在公司法人格濫用之各個法領域，跨越金錢 與非金錢債務、私法與公法、甚至實體與程序上的爭議。 為了探究揭穿公司面紗原則如此多面貌背後的中心價值，本文以權利濫用禁 止理論之價值與內涵重新探討揭穿公司面紗原則，並認為該原則之核心係所謂「雙 重濫用」的特質：第一係悖於公司作為獨立法人格之事實，卻濫用公司獨立法人 格之各項特徵，包括有限責任、資產分割原則、公司為法律或契約上之權利義務 主體等；第二係該等公司法人格之濫用同時造成了法律規範目的之違背或破壞， 蓋個案中濫用法人格目的即是為了形式上符合法律規定，惟實際上若違反了個案 中法律規範背後之規範政策或目的，即為法院揭穿公司面紗之關鍵原因。針對關 係企業發展出的企業主體理論之適用與操作亦證實此雙重濫用之精神。 國際投資領域中，公司為投資之主要型態。為了取得原國籍所無的投資保護， 外國投資人頻繁地以國籍安排行為重新調整其投資之公司架構。本文認為此項行 為在某些情況下有權利濫用之虞，又鑑於目前仲裁庭權利濫用運用之模糊與不一 致、揭穿公司面紗基於其與權利濫用之緊密關係、及其在國際法上可能取得之地 位，本文嘗試探討揭穿公司面紗原則在國內法判例所發展出細緻的構成要素與判 斷因素，也許得作為判斷國籍安排行為是否構成權利濫用之具體標準。

Purpose – Through the analysis of many problems, we can see the two countries will then compare and comprehensively review their corporate personality denial systems to find out their strengths and weaknesses and complementarity. Finally, improvement and development of the two countries’ corporate personality denial systems are proposed. Design/Methodology/Approach – Independent corporate personality and limited liability of shareholders are the two basic principles of the corporate system, which can support the superiority of the corporate system. A legal umbrella was placed between shareholders and creditors based on the company’s independent corporate character and limited liability, but the relationship between shareholders and companies was not severed. Findings – Although the legislation of Korean and Chinese companies stipulates the denial of corporate status, there are many problems in practical interpretation and application. This paper begins with the theory of the actual existence of corporate personality and interprets the essence of corporate personality. At the same time, this paper discusses the legal principles of the denial of corporate character and expounds the characteristics of the two countries. Research Implications – Shareholders actively participate in management to ensure the best interests of the company to avoid losses and restrictions caused by the separation of the company from personality. Sometimes, however, shareholders have to abuse their corporate credentials in the process of pursuing these interests.

Personal constructs are the ”frames of reference” for individual to interpret and expect persons, events, and psychological realities in the world. The Personal Construct Theory and the triadic elicitation technique are applied to explore and identify the constructs and construct dimensions hospice nurses have to recognize the spirituality of terminally ill patients. A semi-structured interview was executed with all sixteen nurses in one hospice ward in central Taiwan to collect qualitative data. With the triadic elicitation interview, each nurse was asked first to identify 5 patients with unique spirituality status. These 5 patients served as elements and for a mathematic combination 3 out of 5, a total of 10 different triads were obtained. Each triad is constituted of 3 patients. Then, at each of 10 triads, the nurse was asked to divide the 3 patients listed (i.e. triad) into two groups. The verbal expressions for each division were recorded and transcribed as texts. Through the process of content analysis, personal constructs of each and every hospice nurses were identified. A total of 9 construct dimensions were found including religion, family support, personality, death perspectives, spiritual well-being, illness attitudes, meaning of life, social-economic status, and physical aspects. Personality/trait, other than family and religion, is considered an important spiritual construct by the respondents. It should be noted that there exist many narratives regarding the negative personality of terminally ill patients. It was found that meaning of life is a construct dimension overlooked by the hospice nurses. Results indicated that ”meaning of life” dimension was relatively less employed by the investigated nurses. I addition, nurses' personal constructs of terminally ill patients' spirituality is dominated by a systematic perspective. Holistic and existential perspectives are relatively less salient. It is suggested that. It is also suggested that future studies should be focused on personal constructs of spiritual care of senior hospice nurses. By the identification of various construct dimensions and perspectives of spiritual care, hopefully, our knowledge and practice can be further advanced.

Legal personality defines who 'counts' for the purposes of the law. The impact of artificial intelligence technology provides a unique opportunity to look afresh at this oft-misunderstood legal concept. Artificial intellects, or 'bots', will become an increasingly ubiquitous part of society. These bots will exhibit 'weak AI': seeming to possess intelligence, even though they are not actually conscious. The autonomy and capabilities of these bots will make it increasingly difficult to attribute logically their actions to recognised legal persons. Consequently, legal issues will arise - eg is there an agreement or certainty in a bot-conducted transaction? Applying conventional legal doctrine and/or utilising current legislative initiatives designed to facilitate e-commerce to address these issues proves unsatisfactory. Does legal personality assist? This paper considers the appropriate methodology for assessing legal personality, which turns out to be conditions-based: 'under what conditions does the law treat an entity as a separate nexus of legal rights and obligations?' It proffers and explains a unitary theory of legal personality: legal persons are 'the subjects of legal rights and obligations' or, simply, 'units of legal logic'. Legal personality itself is the relevant legal similarity between the disparate entities recognised as legal persons. An entity's metaphysical nature is irrelevant to legal personality determinations. Legal status is distinct from legal personality, defining the specific legal rights and obligations enjoyed by particular subsets of legal persons. The paper uses corporate personality as a detailed example. It concludes that (a) there is no theoretical barrier to according legal personality to bots; (b) whether or not one should do so is determined by extra-legal (moral, philosophical, historical, economic, political, social, etc) considerations prior to the attribution of legal personality; and (c) that it is too early to conclude that legal personality should be accorded to artificial intellects, although there are already significant pragmatic arguments in favour of doing so.

The European Union (EU) is well known for its normative preference for multilateralism but this preference has been challenged by geopolitical evolutions and its promotion of a ‘European sovereignty’ agenda. In the context of promoting economic security and through the adoption of unilateral trade-related instruments such as the Anti-Coercion Instrument (ACI), the EU has highlighted not only its current nature as a selectively multilateral actor but also the challenges that its unilateralism poses to existing international law regimes. While one view is that the EU’s unilateralism may be damaging to these legal regimes, especially to the international trade legal order, given the EU’s constructive stance in moving beyond a dichotomous approach to trade and security, this may not be true. Rather, the EU’s nuanced approach to the multifaceted, complex relationship between trade and security may, in fact, help to preserve the international legal order and institutions of international trade, namely the World Trade Organization (WTO). To illustrate this potential, this article first reviews the EU’s evolving understanding of and relationship to multilateralism. It then examines how the EU’s ACI interacts with international trade law, precisely WTO law, while highlighting its potential for developing the international legal order.

The creation of the corporate system is a great invention, it gives the company with independent personality and shareholders with limited liability, stimulate the enthusiasm of investors, greatly promote the development of social economy. However, with the development of society, the use of legal person independent personality and limited liability of shareholders to avoid debt gradually increased, so the legal person personality denial system came into being, used to protect the legitimate rights and interests of creditors. The implementation of the legal personality denial system is always centred on two principles, namely, the principle of good faith and the principle of prohibiting the abuse of rights, the purpose is to protect the interests of creditors, mainly through the restriction of shareholders to abuse the rights of the shareholders to deny the abuse of the limited liability of the shareholders of the company's independent personality at the same time, but also to balance the interests of the shareholders of the company and the creditors.

This article explores the social responsibility of business corporations and role of the international organisations to regulate business corporations for violating human rights. Business corporations are powerful vehicle for economic, social, and cultural enhancement; particularly in developing countries via job creation and diffusion of technology, scientific advances, and management skills. Business corporations are expected to respect the sovereign interest of the host State. The latter is in turn also duty bound to reciprocate by fulfilling what it has undertaken while contracting with the business corporations. This article briefly making an analysis of the definition of legal personality of business corporations. Further to that it also explains the importance of corporate social responsibility in the human rights context in this globalized market. It also contributes with socio-legal analysis on international regulations to control business corporations such as OECD initiatives, ILO tripartite declarations, UN Global compact shared values and principles including SRSGs draft ‘guiding principles’ for the implementation of the United Nations ‘protect, respect and remedy’ framework. Finally, concludes with few suggestions to improve litigation and framing of international legal settings for regulating ‘business corporations’ against abuse of human rights.

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK—particularly sole traders, general partnerships, limited liability partnerships (LLPs), and companies (public and private). It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK— particularly sole traders, general partnerships, limited liability partnerships (LLPs), and companies. It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK— particularly sole traders, general partnerships, limited liability partnerships (LLPs) and companies. It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.

Of all the corporate person’s vital qualities, the most powerful and contentious was limited liability: the rule that a corporation’s shareholders cannot be held responsible for more than the value of the shares they own. This chapter examines challenges to that rule and its effects in the world by analyzing the responses of three very different writers: law professor Maurice Wormser, novelist Theodore Dreiser, and poet and lawyer Charles Reznikoff. Should corporations be understood as veils for individuals or as fully formed entities inextricably meshed with their managers, owners, and environment? Each writer struggled to know a corporate person behind its “entity veil” (as Wormser terms it), coming to see that limited liability functioned to minimize the essential duties of managers, employees, and owners. While Wormser recommends “veil piercing” when corporations are taken over by nefarious individuals, Dreiser’s The Financier (1912) uncovers problems with this strategy, and Reznikoff’s epic poem Testimony (1965–78), maps out systemic injuries that limited liability generated. Dreiser and Reznikoff deploy literary form to think about this corporate person precisely when it did not acknowledge all of its attributes as a legal person. When the corporate person devolved and acted more like a tool or machine, how was society supposed to treat it? This chapter’s three conceptual explorations of corporate limited liability shine light on the legal system’s deficiencies when contending with the corporation’s social role. Each writer begins, in his own way, to envision solutions other than strictly legal remedies.

The issues of the day of personality of dependent player and personality, psycho­logically feel like the reckless games of different kind in the conditions of prohibition of playing business in Ukraine are examined in the article. Permanent expulsing and impossibility to realize own recklessness by an usual, playing method, can acquire different. At times deviant, asocial forms – from violations of conduct to violations emotional, personality construct and spheres of appetencies.

The present research aimed to explore personality traits of young female adults (32-45 years of age) with coronary heart disease. Ten participants who had been diagnosed with a kind of coronary heart disease for at least one year and resided in Bangkok or nearby provinces were the informants in this study. Data were collected by using McAdams’ key scenes narrative interview, in-depth interview, scenarios, and participatory observation. Extended information was gained from some of the informants’ family members. All ten informants were born and raised in a conventional Thai or Chinese-Thai cultural context and reported having at least one source of excessive stress in their lives. The findings showed 2 patterns of personality traits. The pattern I personality traits were submissiveness, proneness for anxiety and depression, insecurity, lack of self-confidence, frequent emotional inhibition, and discomfort when involved in social situations without support. These were all compatible with Denollet’s Type D personality construct, while the pattern II personality traits were excessive competitive drive, impatience and hostility which relatively compatible with Friedman and Rosenman’s Type A personality construct. Moreover, most informants with pattern I personality traits came from a lower socio-economic status background, had limited education, and suffered from inequality in social opportunities comparing to those with pattern II personality traits.

Les firmes en tant que personnes Cet essai pose la question de savoir si les firmes doivent être traitées comme des personnes morales ou juridiques, capables d’endosser des droits et des devoirs en tant qu’entités distinctes. S’appuyant sur de précédents travaux où les firmes étaient décrites comme des contrats relationnels en performance [Adelstein 2010], il examine la nature de la personnalité juridique et morale, la possibilité d’assigner indépendamment et sans symétrie des droits et des devoirs, ainsi que les conditions permettant de qualifier un sujet de personne, ayant par extension des droits et des devoirs. Il plaide en faveur d’une approche asymétrique pour ce qui est des droits et des devoirs des firmes. D’un côté, parce que les actions finalisées des firmes ne peuvent justement pas être réduites aux actions finalisées de n’importe lequel de ses membres, une fois comptabilisée la responsabilité de ces derniers, il y a une responsabilité résiduelle de la firme pour ses actions, responsabilité qui n’est imputable qu’à elle. Mais, d’un autre côté, quand bien même il peut être utile pour les membres de la firme et pour d’autres de détenir collectivement des droits de propriété, parce que les firmes ne sont que des instruments créés par des individus poursuivant leurs propres fins, elles n’ont droit ni à la vie ni à la liberté. En l’absence de ces droits, rien ne justifie de leur accorder des droits politiques comme la liberté d’expression, la liberté d’association ou le droit à la protection d’une vie privée. À la lumière de ces arguments, une dernière partie examine l’octroi de droits constitutionnels aux sociétés commerciales aux États-Unis. JEL classification: A12, B40, D23, K20