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Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

2016

Corporate rights

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Full-Text Articles in Jurisprudence

Corporate Identity And Group Dignity, Konstantin Tretyakov Jan 2016

Corporate Identity And Group Dignity, Konstantin Tretyakov

Washington University Jurisprudence Review

Every time a decision needs to be made about corporate rights, the theoretical difficulties of corporate identity and personhood have to be overcome. In this article, I analyze these problems from the perspectives of moral philosophy and law, examining how the theories of the former inform and influence legal discourse and practices (including the recent cases of Citizens United and Hobby Lobby); my main point there is that the philosophical and legal understandings of personhood are analytically distinct and should not be confused. Based on my findings, I focus upon one particular teaching about corporate identity—the real entity theory ...