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"The Loss of the Person: The British Debates on the Legal Status of Groups and Individuals, 1880-1930" |
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Abstract:
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This essay examines the debate on the meaning of personality as a concept of both moral and legal status. The debate concerned whether or not groups, corporations and associations must be recognized by the law as persons, analogous to human beings, or whether groups had a legal existence only through the concession of the State. In so doing, the author explores the ambiguous meanings and sources of legal recognition. |
Most Common Document Word Stems:
person (255), legal (158), law (140), group (111), state (95), theori (89), one (69), natur (66), status (65), human (64), univers (61), right (58), individu (55), fiction (54), pg (52), maitland (51), roman (50), new (48), term (47), persona (44), church (44), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Dow, Douglas. ""The Loss of the Person: The British Debates on the Legal Status of Groups and Individuals, 1880-1930"" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p63534_index.html> |
APA Citation:
| Dow, D. , 2003-08-27 ""The Loss of the Person: The British Debates on the Legal Status of Groups and Individuals, 1880-1930"" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p63534_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This essay examines the debate on the meaning of personality as a concept of both moral and legal status. The debate concerned whether or not groups, corporations and associations must be recognized by the law as persons, analogous to human beings, or whether groups had a legal existence only through the concession of the State. In so doing, the author explores the ambiguous meanings and sources of legal recognition. |
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| Document Type: |
.PDF |
| Page count: |
53 |
| Word count: |
22296 |
| Text sample: |
| The Loss of the Person: The British Debate on the Nature of Legal Status for Groups and Individuals 1880-1930 Douglas C. Dow School of Social Science University of Texas at Dallas P.O. Box 830688 Richardson TX 75083-0688 972-883-4934 dougdow@utdallas.edu Prepared for delivery at the 2003 American Political Science Association Annual Meeting August 28-31 2003 - Philadelphia Pennsylvania Draft: Please do not cite without permission 2 “Hic jacet persona ficta” -- F. W. Maitland’s proposed epitaph1 I. Introduction The concept |
| the long lived textbook Philosophy of Law (ed.) Joel Feinberg and Hyman Gross (Belmont CA: Wadsworth Pub.Co. 1986) which focuses specifically on legal concepts which relate to the legal subject like liberty and responsibility without addressing the subject of law itself. 129 Maitland’s words on the subject of fiction theory and the United States are apropos: “Nowhere has the Concession theory been proclaimed more loudly more frequently more absolutely than in America; nowhere has more lip service been done |
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