generally agree that legal fictions
are a way for judges to change the
More important than this somewhat light-hearted digression about legal fictions
and literary fantasies is the more serious concern, noted by some critics, that section 319(a) is inconsistent with traditional notions of territorial jurisdiction, a doctrine which "provides that each nation has the exclusive right to regulate the conduct of all residents, individuals, and corporations within its borders.
Kayman, 'The Reader and the Jury: Legal Fictions
and the Making of Commercial Law in Eighteenth-Century England', Eighteenth-Century Fiction 9 (1997), 1-21; Eleanor F.
of legal fictions
, and scholars writing from this perspective have used
Moreover, apart from the legal fiction
, the very word corporation constitutes a metaphor of embodiment, the root corp meaning body; incorporation meaning to give the entity a body, to make corporeal.
Instead, we should take more seriously the novel's engagement with antebellum political rhetoric and reconsider the novel as an alternative legal fiction
, written during a period in which African Americans were often silenced, erased, or negated by the American judicial system.
is actually two performances in one, starting with The Dock Brief and concluding with Edwin.
That these rights included life, liberty and the pursuit of happiness was a later iteration of the principle, but these resonant rights have always been as much legal fictions
as anything else.
But losing the understanding that they are legal fictions
, not real beings, has the effect of obscuring our recognition that corporations can do nothing; whatever is done is done by people, people whose acts should bear individual responsibility and accountability.
Both involve fictions, so why are legal fictions
of any more worth than dramatic ones?
As some of our readers may have noticed, we at Constitutional Commentary are fond of legal fictions
The second rationale not to prosecute a corporation is that corporations are merely legal fictions
, without the mental capacity to have criminal intent, and that therefore prosecutions should be reserved for individuals who carry out bad acts in the company's name.