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Recognizing Personhood

in Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.003.0002
Subject:
Law, Company and Commercial Law

This chapter reviews the place of corporate personhood in the criminal law. The rhetoric of personhood and its evils are discussed. The challenges of making personhood relevant are also considered, ... More


Introduction: Acting Corporate

Lisa Siraganian

in Modernism and the Meaning of Corporate Persons

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198868873
eISBN:
9780191905339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868873.003.0001
Subject:
Literature, 20th-century Literature and Modernism

The Introduction contextualizes the book’s broader legal and philosophical debates about corporate personhood, collective agency, and modernism. The book’s methodology and structure are explained ... More


Invisible Corporate Man

Lisa Siraganian

in Modernism and the Meaning of Corporate Persons

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198868873
eISBN:
9780191905339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868873.003.0006
Subject:
Literature, 20th-century Literature and Modernism

The Reconstruction era Fourteenth Amendment (1868) has long been the primary U.S. statutory source for corporate personhood. But for nearly fifty years the story of the rise of corporate personhood ... More


Personhood

Joshua Barkan

in Corporate Sovereignty: Law and Government under Capitalism

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816674268
eISBN:
9781452947358
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816674268.003.0004
Subject:
Political Science, Public Policy

This chapter explains the reworking of corporate sovereignty in the context of modern U.S. corporate law by describing corporate personhood and analyzing 19th- and early-20th-century literature of ... More


Corporate Personhood, Rights, and Responsibilities

Ronald J. Colombo

in The First Amendment and the Business Corporation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199335671
eISBN:
9780199361915
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199335671.003.0005
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

As a predicate to exploring the book's associational approach to corporate constitutional rights, chapter 4 sets forth the prevailing approach. Currently, corporate constitutional rights are based on ... More


The Corporation and the Common Good: Biopolitics and the Death of God

Elijah Prewitt-Davis

in Common Goods: Economy, Ecology, and Political Theology

Published in print:
2015
Published Online:
May 2016
ISBN:
9780823268436
eISBN:
9780823272532
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823268436.003.0012
Subject:
Religion, Theology

This essay examines the biopolitical forces of corporations under late global capitalism, particularly how corporations come to serve as a ground for subjectivity after the death of God. By drawing ... More


Corporate Enchantment

Nan Enstad

in Cigarettes, Inc.: An Intimate History of Corporate Imperialism

Published in print:
2018
Published Online:
May 2019
ISBN:
9780226533285
eISBN:
9780226533452
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226533452.003.0002
Subject:
History, World Modern History

Lewis Ginter’s innovation has mistakenly been attributed to James B. Duke, who eventually gained control of the American Tobacco Company. This chapter tells a new story of the rise of the cigarette ... More


“Coolies” and Corporate Personhood in Those Extraordinary Twins

Hsuan L. Hsu

in Sitting in Darkness: Mark Twain's Asia and Comparative Racialization

Published in print:
2015
Published Online:
March 2016
ISBN:
9781479880416
eISBN:
9781479843404
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880416.003.0004
Subject:
Society and Culture, Cultural Studies

This chapter places Mark Twain's Those Extraordinary Twins in two related contexts: the establishment of corporate personhood (along with Fourteenth Amendment protections for corporations) in the ... More


Barnum & Bailey & Barney: Freak Show at the Guggenheim

Robin Blyn

in The Freak-garde: Extraordinary Bodies and Revolutionary Art in America

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816678167
eISBN:
9781452947853
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816678167.003.0006
Subject:
Art, Visual Culture

This concluding chapter explores the history of the freak-garde and their descriptions about posthuman subjectivity and corporate personhood. It emphasizes Matthey Barney’s Cremaster cycle and its ... More


The Pursuit of Guilty Things: Corporate Actors, Collective Actions, and Romantic Abstraction

Daniel M. Stout

in Corporate Romanticism: Liberalism, Justice, and the Novel

Published in print:
2016
Published Online:
May 2017
ISBN:
9780823272235
eISBN:
9780823272273
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823272235.003.0002
Subject:
Literature, Criticism/Theory

Chapter one charts out three separate but interrelated nineteenth-century histories: the return and subsequent rise of the corporation as a business entity after 1825; the challenges industrialism ... More


Modernism and the Meaning of Corporate Persons

Lisa Siraganian

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198868873
eISBN:
9780191905339
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868873.001.0001
Subject:
Literature, 20th-century Literature and Modernism

Long before the U.S. Supreme Court announced that corporate persons freely “speak” with money in Citizens United v. Federal Election Commission (2010), the Court elaborated the legal fiction of ... More


Corporate Law and Theory in Hobby Lobby

Elizabeth Pollman

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0009
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Does a business corporation constitute a “person” that can “exercise religion” under the Religious Freedom Restoration Act of 1993? In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court answered ... More


Creating a Human Rights Framework for Mapping and Addressing Corporate Tax Abuses

Matti Kohonen, Radhika Sarin, Troels Boerrild, and Ewan Livingston

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0018
Subject:
Law, Human Rights and Immigration

This chapter identifies several areas of convergence between the fields of tax policy and human rights. These include the concept of the corporation as a unitary entity; the notion of ... More


Legal and Literary Fictions

Simon Stern

in New Directions in Law and Literature

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190456368
eISBN:
9780190456399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190456368.003.0019
Subject:
Literature, Criticism/Theory

The term “legal fiction” is often used for doctrines that make the law’s image of the world seem distorted or bizarre. On this view, corporate personhood and civil death are fictional because of ... More


Toward a Relational Corporate Law

Abraham A. Singer

in The Form of the Firm: A Normative Political Theory of the Corporation

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190698348
eISBN:
9780190909499
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190698348.003.0010
Subject:
Political Science, Political Theory

This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed ... More


Blame, Emotion, and the Corporation

Amy J. Sepinwall

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0009
Subject:
Business and Management, Corporate Governance and Accountability

This chapter aims to establish that corporations are not appropriate targets of blame. The chapter argues, first, that a capacity for affect—and in particular, a capacity to feel guilt—is necessary ... More


Collectives and Their Duties

Stephanie Collins

in Group Duties: Their Existence and Their Implications for Individuals

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198840275
eISBN:
9780191875762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198840275.003.0006
Subject:
Philosophy, Political Philosophy

This chapter fleshes out the Tripartite Model’s conception of collectives and defends the attribution of duties to them. It begins by giving a detailed characterization of collectives and explaining ... More


Coordination Duties

Stephanie Collins

in Group Duties: Their Existence and Their Implications for Individuals

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198840275
eISBN:
9780191875762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198840275.003.0004
Subject:
Philosophy, Political Philosophy

Given that combinations and coalitions cannot have duties, how are we to charitably reconstruct attributions of duties to them? This chapter answers by using the notion of responsiveness: the notion ... More


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