Abstract

Legal personality is the compendium of rights and duties that enable an actor to function in a legal system. A legal actor may be a human being, an organized entity, or even an object or an office. Legal personalities need not all have the same content. The existence and content of any given legal personality may be a matter of both theoretical and historical controversy. At one extreme some theorists hold that legal personality in heres in certain individuals and entities. At the other extreme theorists maintain that large personality is a matter of a grant of personality from the sovereign authority. In practice all systems reflect aspects of both theories. While the debate over legal personality has deep roots in western culture, the most prominent example in recent centuries of disputed legal personality is that of the business corporation. The history of the legal personality of the business corporation demonstrates not only the tension between the theoretical approaches to legal personality but also the ways in which the debate reflects larger politics, instrumental needs within a culture, and the malleability of jurisprudential concepts.

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